The Khadi and Village Industries Board (Bombay, Poona and East Khandesh) (Re-Constitution) Order, 1961.
Published vide Notification of India, 1961 Part 2, Section 3(i), p. 1799.
(a) "Act" means the Bombay Khadi and Village Industries Act, 1960 (Bombay Act 19 of 1960);
(b) "appointed day" means the [1st February, 1962;]
(c) "Dangs District" means the Dangs District transferred from the former State of Bombay to the State of Gujarat, by virtue of Clause (a) of sub-section (1) of Section 3 of the Bombay Reorganisation Act, 1960 (11 of 1960);
(d) "existing Board" means the Khadi and Village Industries Board (Bombay, Poona and East Khandesh) established under the Act and functioning and operating immediately before the appointed day in the areas specified in the Government of Bombay, Industries and Cooperation Department, Notification No. VIS-2260-2067-INCO-II, dated the 27th February, 1960 as amended by that Department Notification No. VIS-2260/33011-INCO, dated the 23rd April, 1960;
(e) "new Board "means the Board established for the Dangs District.3. Exclusion of certain areas from the operation of the existing Board and creation of new Board for Dangs District. - As from the appointed day,-
(a) the existing Board shall cease to function and operate in the Dangs District and shall be deemed to have been established for the remaining area within its jurisdiction; and
(b) a new Board shall be established for the Dangs District.4. Transfer of assets and apportionment of fund of existing Board. - (1) Subject to the other provisions of this Order, all land (including the buildings constructed in the Dangs District for the hand-made paper industry) and all machinery, stores, articles and other goods belonging to the existing Board shall, as from the appointed day,-
(a) if situated within the Dangs District, pass to the new Board; and
(b) in any other case, continue to vest in the existing Board.Explanation. - In this sub-paragraph, "land" includes buildings and other immovable property of every kind and rights in or over such property. (2) The balance standing to the credit of the existing Board on the appointed day shall be apportioned between the existing Board and the new Board in such proportion as may be agreed upon by the State Governments of Maharashtra and Gujarat, or failing such agreement, in such proportion as may be decided by the Central Government. 5. Contracts. - Where, before the appointed day, the existing Board has made any contract, the contract shall be deemed to have been made,-
(a) if the purposes of the contract are exclusively relatable to the Dangs District, by the new Board;
(b) in any other case, by the existing Board;and accordingly, all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been the rights and liabilities of the existing Board, be the rights and liabilities of the new Board or the existing Board, as the case may be. 6. Transfer of liability of existing Board. - The liability of the existing Board in respect of loans received by it under Section 19 of the Act shall be apportioned between the new Board and the existing Board in the same proportion in which expenditure on account of the schemes for which the loans were obtained by the existing Board has, before the appointed day, been made out of the said loans in the Dangs District and the remaining area within its jurisdiction. 7. Residuary provision. - The benefit or burden of any assets or liabilities of the existing Board not dealt with in the foregoing provisions shall,-
(a) if the assets are situated, or the liability arises, in the Dangs District, pass to the new Board; and
(b) in any other case, continue to be the benefit or burden of the existing Board:Provided that, the initial allocation of the benefit or burden under this paragraph shall be subject to such financial adjustment as may be agreed upon between the State Governments of Maharashtra and Gujarat, or in default of such agreement, as the Central Government may direct. 8. Apportionment of expenditure of existing Board. - The expenditure incurred by the existing Board during the period commencing from the 1st day of May, 1960 and ending on the day immediately preceding the appointed day in respect of its activities in the Dangs District shall be reimbursed to it by the Government of Gujarat. 9. Legal Proceedings. - Where immediately before the appointed day the existing Board is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the new Board under this Order, the new Board shall be deemed to be substituted for the existing Board as a party to those proceedings and the proceedings continued accordingly. 10. Provisions relating to certain employees of existing Board. - (1) Every employee of the existing Board who, immediately before the appointed day, was serving in the Dangs District shall, as from that day, be deemed to have been allotted to serve in connection with the affairs of the new Board on the same terms and conditions including pay as were applicable to him immediately before that day and shall be entitled to count his service under the existing Board for all purposes while in the employment of the new Board. (2) Nothing in sub-paragraph (1) shall be deemed to affect the right of the new Board to vary after that day in accordance with the provisions of the law for the time being in force the conditions of service of persons allotted to it under that sub-paragraph: Provided that the conditions of service applicable immediately before that day to the case of any such person shall not be varied to his disadvantage except with the previous approval of the Central Government. 11. Adaptations and modifications in the Act. - As from the appointed day, the Act shall have effect subject to the modifications specified in the Schedule hereto annexed.
[See Paragraph 11]
The Bombay Khadi and Village Industries Act, 1960
(Bombay Act 19 of 1960).Section 1. - For sub-section (2), the following sub-section shall be substituted, namely:-
"(2) It extends to the whole of the State of Maharashtra.".Section 4. - In sub-section (5), for the word "Bombay", the word "Maharashtra" shall be substituted.