LexThe KARNATAKA KHADI AND VILLAGE INDUSTRIES ACT, 1956.
Karnataka · state statute
Open in Lexace · Ask the AI about this actTHE KARNATAKA KHADI AND VILLAGE INDUSTRIES ACT, 1956.
ARRANGEMENT OF SECTIONS.
Statement of Objects and Reasons:
Sections:
CHAPTER I
1. Short title, extent, commencement and repeal.
2. Definitions.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE BOARD
3. Incorporation of the Board.
4. Constitution of the Board.
5. Disqualification for appointment on the Board.
6. Removal or suspension of a member of the Board.
7. Vacancy of Members.
7A. Filling of a casual vacancy.
8. Proceedings presumed to be good and valid.
9. Appointment of members of staff of Board and conditions of their service.
10. Appointments of Committees.
11. Meeting of the Board.
12. Power to make contracts.
CHAPTER III
FUNCTIONS AND THE POWERS OF THE BOARD.
13. Functions of the Board.
14. General Powers of the Board.
CHAPTER IV
PREPARATION AND SUBMISSION OF PROGRAMMES.
15. Preparation and submission of annual programme.
16. Sanction of programme.
17. Supplementary programme.
CHAPTER V
FINANCE, ACCOUNTS, AUDIT AND DEBTS.
18. Transfer of property.
19. Expenditure and contracts made before the establishment of the Board.
20. Subventions and loans to the Board.
21. Funds of the Board.
22. Application of fund and property.
22A. Recovery of moneys due to the Board as arrears of land revenue
23. Budget.
24. Sanction of budget.
25. Supplementary budget.
26. Annual Report.
27. Further report, statistics and returns.
28. Accounts and Audit.
CHAPTER VI
MISCELLANEOUS.
29. Members of the Board and Members of staff of the Board to be public servants.
30. Protection of action taken under this Act.
30A. Dissolution of the Board.
31. Rules.
32. Regulations.
33. Amendment of Schedule.
34. Saving.
35. Omitted.
SCHEDULE
* * * *
STATEMENT OF OBJECTS AND REASONS
I
Act 7 of 1957.— Not available.
II
Amending Act 25 of 1958. —At the time when the Mysore Khadi and Village Industries
Bill was introduced in the Legislative Assembly, t he corresponding Board at the Centre known as
the All India Khadi and Village Industries Board, was in existence. The All India Khadi and Village
Industries Board has since been made a statutor y body and is known as the Khadi and Village
Industries Commission. As the Mysore State K hadi and Village Industries Act makes a reference
to the All India Khadi and Village Industries Boar d, a few verbal changes are found necessary in
the Act so as to incorporate in the Stat e Act the expression ‘Khadi and Village Industries
Commission’ wherever the expression ‘All India Khadi and Village Industries Board’ appears.
Hence the Bill.
(Notification No. LC 272 dated 1st May 1958. Obtained from file No. LAW 2 LGN 57.)
III
Amending Act 9 of 1973. —The Khadi and Village Industries Commission, Bombay, has
been requesting the State Government to appoint a Financial Adviser and Chief Accounts Officer
preferably from the Indian Audit and Accounts Se rvice Cadre in the Mysore State Khadi and
Village Industries Board. The appointment of such an officer is necessary for the proper
maintenance of the accounts of the Board. A Financial Adviser and Chief Accounts Officer has
been appointed in the Khadi Boards of many other States. Under section 9 (2) of the Mysore
Khadi and Village Industries Act, 1956 there is prov ision only for the appointment of an Accounts
Officer by the State Government from among it s officers. The proposed amendment to the Act is
to facilitate the appointment of a Financial Ad viser and Chief Accounts Officer from among the
officers of either the Central Government or the State Government. It is proposed to provide for
this by suitable amendments to sections 9 and 31 (2) (i) of the Act.
2. The Khadi and Village Industries Commission grants loans to the State Board which in
turn advances funds to registered institutions. There is no provision in the Act to recover the dues
as arrears of land revenue. The Commission has s uggested that provision be made in the Act for
this purpose as has been done in the Bombay Khadi and Village Industries Act. The Bill proposes
to provide for this by insertion of a new section 22A to the Act.
3. (i) The Khadi and Village Industries Co mmission advances funds by way of grant and
loans to the State Khadi and Village Industries Boards for implementation of the Khadi and
Village Industries programme in the States. These advances are made in the bona fide belief that
the State Boards being creations of the State Legislature are the responsibility of the State
Government and as such the advances made by the Commission to the State Boards which are
deemed to have the full financial backing of the St ate Governments are as secure as advances
made to the State Government.
(ii) As a result of the situation arising out of the recent dissolution of the Orissa Khadi and
Village Industries Board, the Khadi and Vill age Industries Commission desires the State
Government to ensure the security of the funds advanced by the Commission to the Mysore
Board for the development of Khadi and Village Industries in this State.
(iii) The Khadi and Village Industries Commissi on is a service agency assisting the State
Board in developing Khadi and various Village Industries in the State and the Commission,
therefore, desires that the f unds advanced by them to the Stat e Board may be made secure for
continuing development of the indus tries in the State. The Commi ssion has also intimated that
the Government of West Bengal have recently decided to incorporate appropriate provisions in
their Act, for this purpose.
(iv) The Bill proposes to provide for this in the Mysore Khadi and Village Industries Act,
1956 by insertion of new section 30A in the Act.
4. The Committee on Subordinate Legislation recommended in its VII Report that the
Mysore Khadi and Village Industries Act, 1956 may be amended making provisions for laying
before the Legislature the rules framed under t he Mysore Khadi and Village Industries Act, 1956.
Under the existing Act; there is no such provisi on to place the rules before each House of the
State Legislature.
In the Andhra Pradesh, Tamilnadu and Bombay Khadi and Village Industries Acts, there
is a provision to place the rules issued under the Acts before their State Legislatures. Besides in
the Khadi and Village Industries Commission Act 1956, t here is a provision to place all the rules
issued under that Act before both Houses of Parliament.
It is proposed to make similar provision in the My sore Act by adding sub-section (3) to section 31
of the Act.
(Published in the Karnataka Gazette (Extr aordinary), Part IV-2A, dated 19-10-1972, as
No. 415, at page. 5-6.)
IV
Amending Act 16 of 1978. —There is no provision in the Act for grant of leave to the
Chairman and for making in-charge arrangement dur ing the leave period. It is considered
necessary to provide for the same.
According to the existing prov ision, the State Government can appoint upto 15 Members on the
Board, which will no doubt, become unwieldy. It was considered necessary to restrict the
maximum number to nine.
Power is being taken to prescribe the term of office and conditions of service of the
Chairman and Members.
Provisions are made for filling up of casual vacancies and empowering the Board to raise
loans from Banks.
As the Karnataka Legislative Council was not in Session and as the matter was urgent an
Ordinance was promulgated. This Bill seeks to replace the said Ordinance.
(Notification LA 14/1978. Obtained from file No. LAW 23 LGN 78.)
V
Amending Act 21 of 1983. —A decision was taken to extend pensionary benefits to
employees of the Karnataka State Khadi and Village Industries B oard by making necessary rules
with retrospective effect. As there was no provis ion in the Act enabling the Government to make
rules with retrospective effect and the matter was urgent, an Ordinance was issued. This Bill
seeks to replace the said Ordinance.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 11-8- 1983, as No. 708, at
page 10.)
VI
Amending Act 8 of 1985. —The activities and financial tr ansactions of the Karnataka
Khadi and Village Industries Board have steadily increased since its inception. Government is
giving large amounts to the Board by way of grant-in-aid. With a view to enable the Board to cope
up with its extended activities and to organise , develop and regulate Khadi and Village Industries
in the State more effectively, it is consi dered necessary to appropriately broad-base the Board
and to introduce other changes in its constitution and organisation by making necessary changes
in the Karnataka Khadi and Village Industries Act, 1956.
As the matter was of an urgent importance, the Karnataka Khadi and Village Industries
(Amendment) Ordinance, 1985 (Karnataka Ordinance No. 4 of 1985) was promulgated.
This Bill seeks to replace the said Ordinance.
Hence the Bill.
(Notification LA No. 15/1985. Obtai ned from file No. LAW 16 LGN 85.)
VII
Amending Act 18 of 2009.- Under Section 22-A of Karnataka Khadi and Village
Industries Act, 1956, there is a provision for the defaulters of loan sanctioned by the Karnataka
Khadi and Village Industries Board under various schemes to approach the Tribunal constituted
by the State Government, if the question arises, as to whether a sum is payable to the Board is
under dispute which is causing delay in recove ry of loan. Hence, su itable amendments to the
Karnataka Khadi and Village Industries Act, 1956 has been proposed.
Hence the Bill.
(LA Bill No. 29 of 2009, File No. DPAL 11 Shasana 2007)
[Entry 24 and 32 of List II of the Seventh Schedule to the Constitution of India.]
* * * * *
1[KARNATAKA]1 ACT No. 7 OF 1957.
(First published in the 1[Karnataka Gazette]1 on the Twenty-eighth Day of February,
1957).
THE 1[KARNATAKA]1 KHADI AND VILLAGE INDUSTRIES ACT, 1956.
(Received the assent of the President on the Twenty-first day of February, 1957.)
(As amended by Act 25 of 1958, 9 of 1973, 16 of 1978, 21 of 1983, 8 of 1985 and
18 of 2009.)
An Act to provide for the organising, developing and regulating of Khadi and
Village Industries in the 1[State of Karnataka] 1 and to constitute a Board to carry
out the said object.
WHEREAS it is necessary to organise, develop and regulate Khadi and Village Industries
in the 1[State of Karnataka]1 and to constitute a Board to carry out the said objects;
BE it enacted by the 1[Karnataka State]1 Legislature in the Seventh Year of the Republic
of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
CHAPTER I
1. Short title extent, commencement and repeal.- (1) This Act may be called
the 1[Karnataka]1 Khadi and Village Industries Act, 1956.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(2) It extends to the whole of the 1[State of Karnataka]1.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(3) It shall come into force in such areas from such 2[dates]2 as the State
Government may by notification in the 1[Karnataka Gazette]1 specify.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
2. This Act came into force in Belgaum Area on 15.2.1959, in Gulbarga Area on 1.8.1959, & in rest of the State
on 18.9.1957. Text of the notification is at the end of the Act.
(4) On the coming into force of this Act in the 1[Belgaum Area] 1, the Bombay
Village Industries Act, 1954 (Bombay Act No. XLI of 1954), shall stand repealed and on
the coming into force of this Act in the 1[Gulbarga Area] 1, the Hyderabad Khadi and
Village Industries Act, 1955 (Hyderabad Act No. X of 1955), shall stand repealed.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
2. Definitions.- In this Act, unless there is anything repugnant in the subject or
context.—
(i) “Board” means the 1[Karnataka State Khadi and Village Industries Board] 1
constituted under section 4;
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(ii) “khadi” means any cloth woven on handl ooms in India from cotton, silk or
woollen yarn handspun in India, or from a mixture of any two or all of such yarns;
(iii) “prescribed” means prescribed by rules made under this Act;
(iv) “Regulations” means regulations made under this Act;
(v) “village industry” means the Khadi Industry and any industry specified in the
Schedule to this Act.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE BOARD.
3. Incorporation of the Board.- (1) With effect from such date as the State
Government may, by notification in the 1[Karnataka Gazette]1 appoint in this behalf, there
shall be established for the purposes of this Act, a Board by the name of the 1[Karnataka
State Khadi and Village Industries Board]1.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(2) The Board shall be a body corporate having perpetual succession and a
common seal and may sue and be sued in its corporate name and shall be competent to
acquire and hold property both movable and immovable and to contract and do all things
necessary for the purposes of this Act.
4. Constitution of the Board.- 1[(1) (a) The Board shall consist of the following
members, namely:—
(i) one person from each district of the State, appointed by the State
Government;
(ii) the Additional Director of Industries and Commerce and ex-officio Additional
Registrar of Co-operative Societies, Directorate of Industries and Commerce;
(iii) an officer of the Finance Department not below the rank of a Deputy
Secretary nominated by the State Government;
(iv) an officer of the Department of Commerce and Industries not below the rank
of a Deputy Secretary nominated by the State Government;
(v) the State Director, Khadi and Village Industries Commission;
(vi) the Financial Adviser and Chief Accounts Officer of the Board; and
(vii) the Chief Executive Officer of the Board.
(b) one of the members shall be appointed by the State Government as the
Chairman of the Board.]1
1. Substituted by Act 8 of 1985 w.e.f. 1.6.1984.
(2) The Chairman, or any other member of the Board may at any time resign his
office by submitting his resignation to the State Government:
Provided that the resignation shall not take effect until it is accepted.
(3) The Chairman, and other members shall receive such allowances as may be
prescribed and the allowances shall be paid from the funds of the Board.
1 [(4) Subject to the pleasure of the State Government and sub-section (4A), the
term of office and the terms and conditions of service of the Chairman and other
members of the Board shall be such as may be prescribed.
(4A) The State Government may, from time to time grant to the Chairman such
leave as may be prescribed and may appoint any other member to act for the Chairman
during such leave and such member shall, while so acting, for the purposes of this Act,
be deemed to be the Chairman.]
1
1. Substituted by Act 16 of 1978 w.e.f. 11.5.1978.
(5) The Chairman and other members shall be eligible for reappointment.
5. Disqualification for appointment on the Board.- A person shall be
disqualified for being appointed, or for continuing, as a 1[non-official member] 1 of the
Board, if he,—
1. Substituted by Act 8 of 1985 w.e.f. 1.6.1984.
(a) does not wear khadi; or
(b) holds any office of profit under the Board; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) is an undischarged insolvent or has applied for being adjudged an insolvent;
or
(e) has been convicted of an offence, which involves, in the opinion of the State
Government, moral turpitude; or
(f) has directly or indirectly by himself, by his wife or son or by any partner, any
share or interest in any subsisting contract or employment with, by, or on behalf of, the
Board; or
(g) is a secretary or manager or other salaried officer of any incorporated
company or any co-operative society which has any share or interest in any contract or
employment with, by, or on behalf of, the Board:
Provided that a person shall not be disqualified under clauses (f) and (g), or be
deemed to have any share or interest in any contract or employment with, by, or on
behalf of, the Board, by reason only of,—
(i) his, or of the incorporated company or of a co-operative society of which he is
a secretary, manager or other salaried officer, having a share or interest in any
newspaper in which any advertisement relating to any affairs of the Board is inserted, or
(ii) his being a share-holder of such a company or society,
if he has disclosed to the State Government the nature and extent of the share held by
him from time to time.
6. Removal or suspension of a 1[non-official member]1 of the Board.- (1) The
State Government may, after such inquiry as may be necessary, remove from office the
Chairman or any other 1[non-official member]1, if he,—
1. Substituted by Act 8 of 1985 w.e.f. 1.6.1984.
(a) refuses to act; or
(b) has become incapable of acting;
(c) has abused his position in the Board so as to render his continuance on the
Board detrimental to its interest; or
(d) fails, without such reason as may in the opinion of the State Government be
sufficient, to attend three consecutive meetings of the Board; or
(e) ceases to reside in the 1[State of Karnataka]1; or
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(f) has since his appointment incurred any of the disqualifications specified in
section 5; or
(g) is otherwise unsuitable to continue on the Board.
(2) No order of removal under sub-section (1) shall be made, unless the 1[non-
official member]1 concerned has been given an opportunity to submit his explanation to
the State Government:
Provided that a 1[non-official member] 1 may be suspended by the State
Government pending an enquiry against him.
1. Substituted by Act 8 of 1985 w.e.f. 1.6.1984.
(3) A 1[non-official member] 1 who has been removed under clause (c) or (f) of
sub-section (1) shall not be eligible for appointment to the Board as 1[non-official
member]1 or in any other capacity.
1. Substituted by Act 8 of 1985 w.e.f. 1.6.1984.
7. Vacancy of 1[non-official members]1.- If a 1[non-official member]1 tenders his
resignation in writing to the State Government, and if it is accepted by the State
Government, he shall cease to be a 1[non-official member] 1 from the date of such
acceptance.
1. Substituted by Act 8 of 1985 w.e.f. 1.6.1984.
2 [7A. Filling of a casual vacancy.- Where a vacancy occurs on account of
removal, resignation, death or otherwise of a person appointed as a 1[non-official
member]1, the vacancy shall be filled by the State Government by appointment of a new
1[non-official member]1 and the person so appointed shall hold office for the remainder of
the term of the 1[non-official member]1 in whose place he is appointed.]2
1. Substituted by Act 8 of 1985 w.e.f. 1.6.1984.
2. Inserted by Act 16 of 1978 w.e.f. 11.5.1978.
8. Proceedings presumed to be good and valid.- No act or proceeding of the
Board shall be invalidated merely by reason of any vacancy in its membership on
account of resignation, death or removal.
9. Appointment of members of staff of Board and conditions of their
service.- (1) The State Government shall 1[appoint an officer not below the rank of a
Deputy Commissioner of a District to be the Chief Executive Officer of]1 the Board.
1. Substituted by Act 8 of 1985 w.e.f. 1.6.1984.
1 [(2) The State Government may, from among officers of the Central Government
or the State Government appoint a Financial Adviser and Chief Accounts Officer to the
Board 2[x x x]2]1.
1. Substituted by Act 9 of 1973 w.e.f. 8.5.1973.
2. Omitted by Act 8 of 1985 w.e.f. 1.6.1984.
(3) The remuneration, allowances and conditions of service of the 1[Chief
Executive Officer and the Financial Adviser and Chief Accounts Officer] 1 shall be such as
the State Government may specify, and their remuneration and allowances shall be paid
from the funds of the Board.
(4) Subject to such rules as may be prescribed, the Board may appoint such
members of the staff as it may consider necessary.
(5) The remuneration, allowances and other conditions of service of the members
of the staff of the Board shall be such as may be prescribed.
10. Appointments of Committees.- Subject to any rules made under section
31, the Board may from time to time appoint one or more Committees for the purpose of
securing efficient discharge of its functions and in particular for the purpose of securing
that the said functions are exercised with due regard to the circumstances and
requirements of any particular village industry. Such Committees may be appointed for
any particular area.
11. Meeting of the Board.- The Board shall meet and shall from time to time
make arrangements with respect to the date, time, notice, management and
adjournment of its meetings as it thinks fit. Such meeting shall be held at least once in
every two months.
12. Power to make contracts.- (1) The Board may enter into and perform all
such contracts as it may consider necessary or expedient for carrying out any of the
purposes of this Act and every contract shall be made on behalf of the Board by the
Chairman:
Provided that,—
(a) no contract involving an expenditure of rupees one lakh and more shall be
made without the previous sanction of the State Government,
(b) (i) no contract involving an expenditure of rupees ten thousand and more
shall, subject to clause (a), be made without the previous sanction of the Board,
(ii) no estimate or tender involving an expenditure of rupees ten thousand and
more shall, subject to clause (a), be sanctioned or accepted without the previous
sanction of the Board.
(2) Every contract made by the Chairman on behalf of the Board shall, subject to
the provisions of this section, be entered into in such manner and form as may be
prescribed.
(3) A contract not executed in the manner provided in this section and the rules
made thereunder shall not be binding on the Board.
CHAPTER III
FUNCTIONS AND THE POWERS OF THE BOARD.
13. Functions of the Board.- (1) It shall be the duty of the Board to organise,
develop and regulate village industries and perform such functions as the State
Government may prescribe from time to time.
(2) Without prejudice to the generality of the provisions of sub-section (1) the
Board shall, subject to such regulations as may be made by it, discharge and perform all
or any of the following duties and functions, namely:—
(a) to start, encourage, assist and carry on village industries and to carry on trade
or business in such industries and in matters incidental to such trade or business;
(b) to render such assistance as may be necessary to any person engaged in
any village industry;
(c) to organise and aid co-operative societies for village industries;
(d) to conduct training centres;
(e) (i) to arrange for the manufacture of tools, implements and other equipment
required for carrying on village industries;
(ii) to arrange for the supply of raw materials, tools, implements and other
equipment required for village industries; and
(iii) to arrange for the sale of the products of the said industries;
(f) to arrange for publicity and for popularising of finished products of the said
industries by opening stores, shops, emporia or exhibitions;
(g) to undertake and encourage research work in connection with village
industries and to carry on such activities as are incidental and conducive to the objects
of this Act;
(h) to maintain or assist in the maintenance of institutions for the development of
village industries;
(i) to discharge such other duties and to perform such other functions as the
State Government may direct for the purpose of carrying out the objects of this Act.
14. General powers of the Board.- The Board shall, for the purposes of carrying
out its functions under this Act have the following powers:—
(i) to acquire and hold such movable and immovable property as it deems
necessary and to lease, sell or otherwise transfer any such property:
Provided that in the case of immovable property the aforesaid powers shall be
exercised with the previous sanctions of the State Government;
(ii) to incur expenditure and undertake works in any area in the State for the
framing and execution of such scheme as it may consider necessary for the purpose of
carrying out the provisions of this Act or as may be entrusted to it by the State
Government and the
1[Khadi and Village Industries Commission] 1, subject to the
provisions of this Act and the rules made thereunder;
1. Substituted by Act 25 of 1958 w.e.f. 25.12.1958.
(iii) to sanction loans, grants and subventions, subject to such rules as may be
prescribed.
CHAPTER IV
PREPARATION AND SUBMISSION OF PROGRAMMES.
15. Preparation and submission of annual programme.- (1) In each year, the
Board shall prepare and forward to the State Government a programme of work in such
form and before such date as the State Government may determine.
(2) The programme shall contain,—
(a) such particulars of the scheme which the Board proposes to execute whether
in part or in whole during the next year;
(b) particulars of any work or undertaking which the Board proposes to organise
during the next year for the purposes of carrying out its functions under this Act; and
(c) such other particulars as may be prescribed.
16. Sanction of programme.- The State Government may approve and sanction
the programme in whole or with such modifications as it deems fit.
17. Supplementary programme.- The Board may prepare and forward a
supplementary programme for the sanction of the State Government in such form and
before such date as the State Government may prescribe and the provisions of section
15 shall apply to such supplementary programme.
CHAPTER V
FINANCE, ACCOUNTS, AUDIT AND DEBTS.
18. Transfer of property.- The State Government may transfer to the Board,
buildings, land or any other property whether movable or immovable, for use and
management by the Board on such conditions as the State Government may deem fit,
for the purposes of this Act.
19. Expenditure and contracts made before the establishment of the
Board.- All debts and expenditure incurred, all contracts entered into and all matters and
things engaged to be done by, with or for the State Government, in connection with or
for the purposes of this Act before and up to the date of the establishment of the Board
shall be deemed to have been respectively incurred, entered into or engaged to be done
by, with or for the Board, and all suits, and other legal proceedings instituted by or
against the State Government in respect thereof shall be deemed to be instituted and
continued as such by or against the Board, as the case may be.
20. Subventions and loans 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 State Government may determine in each case.
(2) The Board may, from time to time, with the previous sanction of the State
Government and subject to the provisions of this Act and such conditions as the State
Government may determine, borrow any sum required for the purposes of this Act.
21. 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 met
therefrom.
(2) The Board may accept grants, subventions, donations and gifts from State
and Central Governments or the 1[Khadi and Village Industries Commission] 1 or a local
authority or any body or association, whether incorporated or not, or an individual for all
or any of the purpose of this Act.
1. Substituted by Act 25 of 1958 w.e.f. 25.12.1958.
(3) The Board may receive loans from State and Central Governments or the
1[Khadi and Village Industries Commission] 1 or a local authority or a co-operative bank
registered under any law governing co-operative societies in the State 2[or a bank
included in the Second Schedule to the Reserve Bank of India Act, 1934 or the State
Bank of India constituted under the State Bank of India Act, 1955 or a subsidiary bank as
defined in the State Bank of India (Subsidiary Banks), Act, 1959, or a corresponding new
bank constituted under the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970.]
2
1. Substituted by Act 25 of 1958 w.e.f. 25.12.1958.
2. Inserted by Act 16 of 1978 w.e.f. 11.5.1978.
(4) All money belonging to the fund of the Board shall be deposited in such
manner as the State Government may, by special or general order, direct.
(5) The accounts of the Board shall be operated upon by such officers jointly or
individually as may be authorised by the Board.
22. Application of fund and property.- All property, fund and other assets of
the Board shall be held and applied by it subject to the provisions and for the purposes
of this Act.
1[2[22A. Recovery of moneys due to the Board as arrears of land revenue.-
(1) Where any sum of rupees one lakh and above is payable to the Board under any
agreement, express or implied or otherwise, however, by any person, is not paid on or
before the due date and remaining in arrears after fifteen days from the date of service
of a notice of demand on such person by the Ch ief Executive Officer or any other officer
authorised by the Board in that behalf, may be recovered in any one or more of the
following ways namely:-
(a) as an arrear of land revenue, on the written application of Chief Executive
Officer or any officer authorised by the Board in this behalf certifying under his hand
indicating the sum due to the Board to the Deputy Commissioner of any district in which
proceedings are required to be taken.
(b) by destraint and sale of the movable and immovable property of such person
by any Officer authorised under the Karnataka Land Revenue Act 1964 and rules made
thereunder.[2]1
1. section 22A Inserted by Act 9 of 1957 w.e.f.8.5.1973.
2. Substituted by Act 18 of 2009 w.e.f. 27.8.2009.
23. Budget.- The Board shall, on such date as may be fixed by the State
Government, prepare and submit to the State Government the budget for the next
financial year showing estimated receipts and expenditure on capital and revenue
accounts according to the programme.
24. Sanction of budget.- The State Government may sanction the budget
submitted to it with such modifications as it deems proper.
25. Supplementary budget.- The Board may submit a supplementary budget for
the sanction of the State Government in such form and before such date as the State
Government may prescribe and the provisions of section 23 shall apply to such
supplementary budget.
26. Annual Report.- The Board shall prepare and forward to the State
Government in such manner as may be prescribed, an annual report within three months
from the end of the financial year giving a complete account of its activities during the
previous financial year. Every such report shall be laid before each House of the State
Legislature as soon as may be after it is received by the State Government.
27. Further report, statistics and returns.- The Board shall, before such date
and at such intervals and in such manner as the State Government may from time to
time direct, submit to the State Government a report on such matters and such statistics
and such returns as the State Government may direct.
28. Accounts and Audit.- The accounts of the Board shall be maintained and an
annual statement of accounts shall be prepared in such manner as may be prescribed.
Such accounts shall be audited by an Auditor appointed by the State Government.
CHAPTER VI
MISCELLANEOUS
29. Members of the Board and Members of staff of the Board to be public
servants.- Members of the Board and members of the staff of the Board shall be
deemed when acting or purporting to act in pursuance of any of the provisions of this Act
to be public servants within the meaning of section 21 of the Indian Penal Code, 1860
(Central Act XLV of 1860).
30. Protection of action taken under this Act.- No suit, prosecution or other
legal proceeding shall lie against any person for anything which is in good faith done or
purported to be done under this Act.
1 [30A. Dissolution of the Board.- (1) The State Government may, by notification
in the official Gazette, declare that with effect from such date as may be specified in the
notification, the Board shall be dissolved and thereupon the Board shall be deemed to
be dissolved and accordingly the Board and any committee constituted by the Board
shall cease to function.
(2) On and from the said date,—
(a) all properties and funds which immediately before the said date were in
possession of the Board for the purpose of this Act shall vest in the State Government;
(b) all members shall vacate office as members of the Board; and
(c) all rights, obligations and liabilities (including any liabilities under any contract)
of the Board shall become the rights, obligations and liabilities of the State
Government.]
1
1. Section 30A Inserted by Act 9 of 1973 w.e.f. 8.5.1973.
31. Rules.- (1) The State Government may, by notification in the 1[Karnataka
Gazette]1, make rules for carrying out the purposes of this Act.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(2) In particular and without prejudice to the generality of the foregoing powers
such rules may provide for all or any of the following matters, namely:—
1 [(a) the term of office and the terms and conditions of service of the Chairman
and other members of the Board under section 4;]1
1. Substituted by Act 16 of 1978 w.e.f. 11.5.1978.
(b) the manner and form in which contracts shall be entered into under section 12;
(c) the functions of the Board under section 13;
(d) the other particulars of the programme under section 15;
(e) the form in which and the date before which the supplementary programme
shall be submitted under section 17;
(f) the form in which and the date before which the supplementary budget shall
be submitted under section 25;
(g) the manner in which the annual report shall be prepared and forwarded to the
State Government under section 26;
(h) the manner of maintenance of accounts and preparation of annual statement
of accounts under section 28;
(i) remuneration, allowances and other conditions of service of members of the
staff of the Board and the 1[functions of 2[the Chief Executive Officer and the Financial
Adviser and Chief Accounts Officer]1]2 of the Board;
1. Substituted by Act 9 of 1973 w.e.f. 8.5.1973.
2. Substituted by Act 8 of 1985 w.e.f. 1.6.1984.
(j) any other matter which is or may be prescribed under this Act.
1 [(2A) A rule under this Act may be made with retrospective effect and when such
a rule is made the reasons for making the rule shall be specified in a statement laid
before both the Houses of the State Legislature. Subject to any modification made under
sub-section (3), every rule made under this Act shall have effect as if enacted in this
Act.]
1
1. Inserted by Act 21 of 1983 w.e.f. 8.7.1983.
1 [(3) Every rule made under this Act shall be laid, as soon as may be after it is
made, before each House of the State Legislature while it is in session for a total period
of thirty days which may be comprised in one session or in two or more successive
sessions, and if before the expiry of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so however that any such
modification or annulment shall be without prejudi ce to the validity of anything previously
done under that rule.]
1
1. Inserted by Act 9 of 1973 w.e.f. 8.5.1973.
32. Regulations.- (1) The Board may, with the previous sanction of the State
Government, make regulations by notification in the 1[Karnataka Gazette] 1, consistent
with this Act and the rules made thereunder.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(2) In particular and without prejudice to the generality of the foregoing power the
Board may make regulations providing for:—
(a) the procedure and disposal of its business;
(b) functions and duties of the members of the staff of the Board;
(c) functions of the committees and the procedure to be followed by such
committees in the discharge of their functions;
(d) conditions subject to which the Board may discharge or perform duties under
sub-section (2) of section 13.
33. Amendment of Schedule.- (1) The State Government may, by notification in
the 1[Karnataka Gazette] 1, modify the Schedule to this Act by addition thereto or
omission therefrom of any industry.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(2) Every notification under sub-section (1) shall be laid as soon as may be after
it is issued before each House of the State Legislature while it is in session, for a total
period of one month which may be comprised in one session or in two or more sessions
and if before the expiry of that period, either House of the State Legislature makes any
modification in the notification or directs that the notification shall not have effect and if
the modification or direction is agreed to by the other House, the notification shall
thereafter have effect only in such modified form or be of no effect, as the case may be.
34. Saving.- Nothing in this Act shall be deemed to apply to any industry
declared to be scheduled industry under the Industries (Development and Regulation)
Act, 1951 (Central Act LXV of 1951) or to affect any of the provisions of the said Act.
35. 1[ xx xx xx ]1
1. Omitted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
SCHEDULE.
[See section 2 (v).]
1[I. KHADI SECTOR
1. Cotton Khadi
2. Woollen Khadi
3. Silk Khadi
4. Muslin Khadi
VILLAGE INDUSTRIES
Mineral Based Industry
5. Lime Manufacturing
6. Village Pottery
7. Stone Cutting, Crushing, Carving and engraving for Temples and Buildings
8. Utility Articles
9. Slate and Slate Pencil Making
10. Manufacture of Plaster of Paris
11. Utensil Washing Powder
12. Fuel briquetting
13. Jewellary Out of Gold, Silver, Stone, Shell and Synthetic Materials
14. Manufacture of Gulal-Rangoli
15. Manufacture of Bangles
16. Manufacture of Paints, Pigments, Varnishes and Distemper
II. FOREST BASED INDUSTRY
17. Hand Made Paper
18. Katha
19. Gums and Resins
20. Cottage Match
21. Cane and Bamboo
22. Agarbatti
23. Manufacture of Paper Cups, Plates, Bags and other containers
24. Manufacture of Exercise Books, Book Binding, Envelop Making, Register Making including all
other stationery items made out of paper
25. Khus tatties and Broom making
26. Collection, Processing and Packing of Forest Products
27. Photo Framing
28. Manufacture of Jute Products (Under Fiber Industry)
III. AGRO BASED INDUSTRY
29. Processing of Cereals and Pulses Industry (Poha Manufacturing, Bakery, Masala making,
paped Making, Pop Corn making etc.,)
30. Palmgur
31. Gur and Khandasari
32. Bee-Keeping
33. Fruit and Vegetable Processing and Preservation
34. Ghani Oil
35. Fibre
36. Collection of Forest Medicinal Plants
37. Pithwork manufacture of Pith mats and Garlands
38. Cashew Processing
39. Leaf Cup Making
IV. POLYMER AND CHEMICAL BASED INDUSTRY
40. Manufacture of Packaging items of Plastics
41. Manufacture of Bindi
42. Manufacture of Mehendi
43. Manufacture of Essential Oils
44. Manufacture of Shampoos
45. Manufacture of Hair-Oils
46. Detergents and Washing Powder making (Non-Toxic)
47. Village leather
48. Rubber (dipped latex products)
49. Non-Edible Oil and Soap
50. Horn and Bone including ivory products
51. Products out of Rexins, PVC, etc.,
52. Candle, Camphor and Sealing Wax making
V. ENGINEERING AND NON-CONVENTIONAL ENERGY
53. Carpentry & Blacksmithy
54. Household Aluminium Utensils
55. Gobar Gas
56. Manufacture of Paper Pins, Clips, Safety Pins, Stove Pins etc.,
57. Manufacture of decorative bulbs, bottles, Glass etc.,
58. Umbrella Assembling
59. Solar and Wind Energy implements
60. Manufacture of Handmade Utensils out of Brass
61. Manufacture of Handmade Utensils out of Copper
62. Manufacture of Handmade Utensils out of Metal
63. Other articles made out of Brass, Copper and Boll Metal
64. Production of Radios
65. Production of Cassette Players whether or not fitted with Radio
66. Production of Cassette recorders whether or not fitted with Radio
67. Production of Voltage Stabilizers
68. Carved Wood and Artistic Furniture making
69. Tin Smithy
70. Motor Winding
71. Wire Net Making
72. Iron Grills Making
73. Manufacture of Rural Transport - Vehicles such as : Hand Carts, Bullock Carts, Small Boats,
Assembly of Bicycles, Cycle-Rickshas, Motorised Carts, etc.,
74. Manufacture of Musical Instruments
VI TEXTILE INDUSTRY (OTHER THAN KHADI)
75. Polyvastra
76. Hosiery
77. Tailoring and Preparation of readymade Garments
78. Fishing nets out of Nylon / Cotton by hand
79. Batik Work
80. Toys and Doll Making
81. Thread Balls and Woollen Balling Lacchi Making
82. Embroidery
83. Manufacture of Surgical Bandages
84. Stove Wicks
VII SERVICE INDUSTRY
85. Laundry
86. Barber
87. Plumbing
88. Servicing of Electrical Wiring and Electronic Domestic appliances and equipments
89. Repairs of diesel engines, pump sets, etc.,
90. Tyre Vulcanising Unit
91. Agriculture servicing for sprayers, insecticides, pump sets, etc.,
92. Hiring of sound systems like loud speakers, amplifiers, mikes etc.,
93. Battery charging
94. Art Board Painting
95. Cycle repair shops
96. Masonry
VIII RURAL ELECTRONICS
97. (i) Audio Products
e.g. Radios, P.A. System, Two-in-Ones, Cassette Recorders
(ii) Video Products
e.g. TV sets
(iii) Other Electronic produc ts, including sub-assemblies
e.g. Calculators
Electronic Gas Lighters
Electronic Lanterns / Torches
Electronic Clocks and Alaram Time-pieces
Electronic Fan Regulators
Voltage Stabilisers
Audio / Video Tapes
Loud Speakers
Battery Eliminators
Adapters
Inverters, Converters
Mechanical TV Turners
Gang Condensers
Trimmer Capacitors
RF / IF Coils.] 1
1. Schedule Substituted by notification number CI 67 SLV 89 dated: 6.8.1990.
* * * *
NOTIFICATION
I
Bangalore, 16th September 1957 [No. CI 7 KHD 57].
In exercise of the powers conferred by sub-section (3) of Section I of the Mysore Khadi
and Village Industries Act, 1956 (Mysore Act 7 of 1957) , the Government of Mysore is pleased to
direct that the said Act shall come into fo rce on the 18th day of September 1957 (18-9-1957) in
the area of the whole of the State of My sore excluding the Bombay Area and the Hyderabad
Area.
By Order and in the name of the Governor of Mysore,
(M. VASUDEVA RAO) Secretary to Government, Commerce and Industries Department.
(Published in the Mysore Gazette (Extraordinary) Part IV-2C as No. 273, dated 16-9-1957.)
II
Bangalore, the 3rd June 1959 (Jyeishta 13, Saka Era 1881) (No. CI 31, KHD 57 (III)).
In exercise of the powers conferred by sub-se ction (3) of Section 1 of the Mysore Khadi and
Village Industries Act, 1956 (Mysore Act 7 of 1957), the Government of Mysore hereby specified
15th February, 1959 as the date on which the said Act shall come into force in the Bombay area.
By Order and in the name of the Governor of Mysore,
(B. M. ABU BAKER) Secretary to Government, Commerce and Industries Department.
(Obtained from compilation of Statutory Rules orders and Notifications by Government under
State and Central Acts- 1959.)
III
BaExcerpt shown. Open the full act in Lexace.