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REGISTERED No. D.221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No.31] NEW DELHI, SATURDAY, JANUARY 25, I969/MAGHA 5,1890

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF HOME AFFAIRS

ORDER

New Delhi, the 22nd January 1969

S.O. 379.—In exercise of the powers conferred by sub-section (1) of section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), the Central Government after consulting the Governments of the States of Haryana and Punjab and the Administrators of the Union territories of Himachal Pradesh and Chandigarh, approves with certain modifications the scheme forwarded by the Government of Punjab relating to the reorganisation of the Punjab Khadi and Village Indus- tries Board, a corporation constituted under the Punjab Khadi and Village Industries Board Act, 1955 (Punjab Act 40 of 1956), and functioning in the States of Haryana and Punjab, the Union territory of Chandigarh and the territories transferred to the Union territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966) and for the purpose of giving effect to the scheme so approved, the Central Government hereby makes the following Order, namely:—

PART I—Preliminary

1. Short title—This Order may be called the Punjab Khadi and Village Industries Board (Reorganisation) Order, 1969.

2. Definitions—(1) In this Order, unless the context otherwise requires,—

(a) "Act" means the Punjab Khadi and Village Industries Board Act, 1955

(Punjab Act 40 of 1956);

(b) "Administrator" means the Administrator of the Union territory of

Chandigarh;

( l01).

fe) "appointed day" means the 1st day of February 1969;

fd) "existing Board" means the Punjab Khadi and Village Industrie? Board established under the Act and functioning and operating before the appointed day in the areas comprised In the erstwhile State of Punjab before the 1st November 1966;

(e) "Haryana Board" means the Board established for the State of Haryr-nn under paragraph 3(2) of this Order;

(g) "Punjab Board" means the Punjab Khadi and Village Industrie* Board as reconstituted under paragraph 3(1) of this Order;

(h) "successor Board" in relation to the existing Board mews the Punjab Board, the Harvana Board, the Hlmachal Board ;.-nd the Admlnif- trator of the Union territory of Chandigarh cxeroislnjt the powers and functions of the Board In relation to that Union territory and the area of operation of the Punjab Board shall mean the Stnto of Punjab, the area of operation of the HUT?'*!-? "Board shall mean the State of Haryanti. the area of operation of IVK' Himachp.l Bonrd shall mean the transferred territory and the area of operation ff the Administrator. Khali mean the TTnlor' territory of Chrtndtgarh:

(\) "transferred territory" means the terrliorv transferred to the T!r;:iTi territory of Hlmnchfcil Pradesh by virtue of *uh-section (\) nf rnr-tlon 5 of the Punjab HeorKanlsntlon Act, IMC dl of UiP'f);

(j) words and exoresslons used herein nnd not defined but cieflnfii.] In the Act shall, have the meRninGjs a^sirrried 1o them :n 1h'.- Act

(2) Where any asset or liability is reauired to be in'JorHnned amon? th" Ruccessor Boards U"der this Order In "nonuiatio" ratio" *bp ")rinortf'ir"Tif!nt fbrail bp rondn between the Puninb Board, Haryano Board th

P A RT T T —R e n r a a n l s a t i on of t he P i m j nb K h c . c l{ o n r? V i l / ' f r . ' -? r - i ^ i - . - f r t e ." B o a r• •'

3. Keorfanlsation of tbe existing Board, constitution nf a ni>v Board for lTaryana, etc.—On and from the appointed day : -

(1) (ai the evlstincr Board shall cea^o 1o function and ortsrate in tbe State of Harvana, the transferred territory nnd the Union territory of Chandlgrah:

Cb) the following members of the existing Board from tho State ot Hsryana, transferred territory and the Union territory of Chandi- garh shall cease to be members thereof, namely:--"

1. Shrl Om Dutt, Khadi Ashram, Panipat,

2. Shrl Om Prak;\sh Trikha, Director. G-nndhi Memorial Fund, Patti

Kalayana, District Karnal,

3. Shrl K. P. Nayyar, Superintendent. Cluster Centre. Klmla-2.

4- Mahashaya Banarsl I>es (TWanesar), Chairman-designate. Haryana Khadi and Village Industries Board.

5. Shrl H. K. Jain, Secretary, Hnr.yana Electricity Board.

6. Home Secretary, Chandhigarh Administration, iinnd nccordiiujly (he existing Board so reconstituted shall be deemed to be the Board for the State of Punjab under the Act:

(2) there shall be established a new Board under the Act. to be known as the Haryana Khadi :md Village Industries Board for the State of Haryana;

(3) the Hlmachal Board shall be deemed to bfi the Board under the Act for the transferred territory and shall exercise the powers nnd per form the functions of the Bonrr] for the suid territory; ;iml

(4) the Administrator shall be deemed to be the Board under the Act ioi the Union territory of Chandhigarb and shall exercise the powers and perform the functions of the Board for the said Union territory

PAHT XII—Apportionment of Assets and Liabilities

4. Liind and goods:—(1) Subject to the other provisions of thia Part, all land arid stores, articles and other goods belonging to the existing Board shall pass to tho successor Board in whose area of operation they are situated-

Explanation.—In this sub-paragraph, the oppression "land" includes immov- able property of every kind and any rights in or over such property

(2) Stores held for specific purposes to be used or consumed in particular office (other than the Jieadquarters office) centre, workshop or undertaking ol¹ the existing Board shall pasa (o the successor Board in whose area of operation .such office, centre, workshop or undertaking is located-

(3) Stores relating to the headquarters office of the existing Board shall be divided amongst the successor Boards In population ratio :

Provided that where such ratio cannot be applied in respect of any ciiiss of stores, a commitlee consisting of the representatives of the Governments o£ Punjab, I-Iaryana and HImachal Pradesh and the Administrator may apportion such stores subject to such adjustments being made In the division of cash and bank balances as It may determine.

j. Right to recover loans and advances—The right to recover any loans and advances made before the appointed day by the existing Board to any local body, society or individual shall belong to the successor Board in whose area of opera- tion the headquarters or the registered olfl.ee of the local body or the society is located, or the Individual resides :

Provided that the right to recover loans or advances made to an officer or servant of the Board shall pass to the successor Board to which the officer or servant 13 allotted under Part TV of this Order.

e. Assets and liabilities of undertakings of existing Board—The assets and liabilities relating to any commercial or Industrial undertaking of the existing Board shall pass in the successor Bnur.i in whose aren of operation the under- taking is located:

Provided that the assets and liabilities relating to the commercial undertaking known as "the Punjab Spinning and Weaving Centres" which is under the process of. liquidation shall pass to the Punjab Board in the first Instance and on comple- tion of final settlement the residuary asset or liability shall be divided among the succenflor Boarts in population ratio.

7- Debt of existing Board—(1) The debt of the existing Board attributable to loan.': taken from the Khadi and Village Industries Commission and. re-lent to any loc-til body, noclety or individual, wlilch may be outstanding immediately btn'ore th^ appointed day shall be the debt of the successor Board in whose jurisdiction, the headquarters or th-> re

(2) Tho debt of the existing Board attributable to loans taken from the Khadi and Village Industries Commission and utilised for the purpose or. acquiring stocks or raw materials and Implements for supply to societies and individuals shall be divided amongst the successor Boards in the proportion In which the said stocks or raw materials and implements are divided under tho provision of paragraph 4.

8- Security deposits ol employees—(lj The liability of the existing Board In respect of the security deposits of an employee In the service of the said Board on the appointed day shall be the liability of the successor Board to which )''- employee is allotted under Part IV of this Order,

(2) The liability of the existing Board in respect of the security deposits oC an employee who has retired or has been discharged before the appointed day shall be the liability of the Punjab Board

1O4

it\S. GA/JKt IV, Oi 1NWA EXfKAOUjnNARY (PAHI I I-

9- Cash balance of the existing Board—The residuary cash balance oi th*- existing Board Immediately before the appointed day shall be divided amongM the successor Boards in population ratio alter making adjustments in the accounts, as contemplated in the proviso to sub-para (3) of paragraph 4.

10. Item* lm rasyense.—If any item in suspense Is ultimately found to affect an ass"l or liability of the nature referred to in any of the foregoing provisions of thia Part, Jt shall be dealt with in accordance with that provision.

11- Reildnary provision.—The benefit or burden of any assets or liabilities of the existing Board not dealt with in the foregoing provisions of this Part shall paw to the Punjab Board in the flrat instance, subject to such financial adjustment as may b" agreed upon amongst all the successor Boards before the 31st day ot March, 1970, or In default of such agroemen', as' the Central Government m&y by order, direct.

12. Apportionment of juweta ittttl liabilities by agreement—Where the successor Boards agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this Part, then notwithstanding anything contained therein, the benefit or burden of that nssH or liability shall be apportioned in the manner agreed upon.

13- Division to be on basis of audited u counts.—Division of assets and liabilities of the existing Board among the successor Boards shall be effected rn thn basis of th© audited accounts as on the appointed dny.

14. Lerol proceedings—Where immediately before the appointed day the oxistlng Board 1" a party to any legal proceedings with respect to any property, rights or liabilities transferred to the successor Board under this Order, the successor Board shall be deemed to be substituted for the existing Board as a party to those proceedings, and the proceedings continued accordingly.

16. Contracts.—Where immediately before the appointed day the existing Board had made any contract, the, contract shall be deemed to have been made—

(a) if the purposes of the contract are, aa from the appointed day, exclu aivelj relfltablf to the State of Punjab, bj the Punjab Board;

<'b) If the purposes of the contract are, as from the appointed day, exclu • sivoly relatable to the State of Haryana, by the Haryana Board;

(e) if the purposes at the contract are, as from th© appointed day, exclu lively rentable to the transferred territory, by the Hlmachal Board:

td) if the purposes of the contract are, as from the appointed day. exdu alvely relatable to the Union territory of Chandigarh, by tho Administrator;

(e) IK any other case, by the Punjab Board; and all rights or liabilities which have accrued, or may accrue, under any such contract shall, to the extent of which they would have been the rights or liabilities of the existing Board, be the rights or liabilities of the Punjab Board, the Haryana Board, th* Hlmaetoa) Board nmi the Administrator, as tta case may be-

PA*T IV—Provisions "iv to sen-ices

16 Allocation of •taf.—The members of the staff at th* headquarters office of the existing Board shall be allocated by the existing Board to the successor Boards after taking Into consideration the options of the employees as far aa may be possible and on and from the appointed day such a person shall be deemed to have been transferred to the successor Board to which he has been allocated.

17. Comtlnoance of persons in the same port;.—Save as provided In para 16, every person who Immediately before the appointed day Is holding or discharging duties of any post or office in connection with the affairs of the existing Board in any area which on and from that day falls within the Jurisdiction of any of the successor Board., shall be deemed to have been transferred to that Board and shall continue to hold the same port or office in the n"xeaam Baud aad * " " *" deemed, on and from that day, to hare been duly appointed to the post or office by the appropriate authority In that successor Board-

18. Counting of s*nrke,~-(i) The service rendered by every person to the existing Board upto the appointed day shall, on his transfer to a successor Board under paragraph 16 or paragraph 17 count as service under the successor Board for leave, gratuity, provident fund and all other benefits which were enjoyed by such person immediately before the appointed day.

(2) Nothing in this paragraph shall be deemed to ellect the right of the successor Board to determine, after the appointed day, the conditions of service of persons transferred to it under paragraphs 16 and 17 :

Provided that the conditions of service applicable immediately before the appointed day to the case of any such person shall not be varied to his disadvantage except with the previous approval of the Central Government

PART V—Adaptations

19- Adaptations and modifications in the Act.—As from the appointed day, the Act shall, until altered, repealed or amended by.a competent legislature, have effect subject to the adaptations or modifications made in the Schedule annexed hereto.

THE SCHEDULE

(See paragraph 19)

The Punjab Khadi and Village Industries Board Act, 1955 {Punjab Act 40 of 1956)

1. Section 1.—For sub-section (2) of section 1. the following sub-section shaU be substituted, namely :—

"(2) It extends to the territories which immediately before the 1st day of November 1966 were comprised in the erstwhile State cf Punjab.".

2. In Section 2, after clause (vi), the following clause shall be inserted, namely :—

"(vti) 'transferred territory' means the territory transferred to the Union territory of Himachal Pradesh by virtue of sub-section (1) of sec- tion 5 of the Punjab Reorganisation Act, 1&66 (Act 31 Qf lf"66>"

3- After section 2, the following section shall be inserted, namely :—

"2A. Construction of certain references in the Act.—In the application of the provisions of this Act.—

(1) to the State of Haryana, any reference therein to aoy expression mesatioaed in column (1) of the Table below shall be construed as a reference to the corres- ponding expression mentioned in column (3) of the said Table-

TABLE

(1)

(2)

State Government or Government

The Government of the State of

Haryana

State of Punjab except in section 1

of the Act

State of Haryana Haryana Khadi and Village Industries Punjab Khadi and Village Industries

Board

Board

Official Gazette of the Government of Official Gazette

Haryana;

(2) to the transferred territory, any referenoe therein to any expression mentioned in column (l) of the Table below shall be construed m a ntmsmse to the corresponding expression mentioned in column (2) of the said Ts'uie.

TABLE

( J)

iSt;;:e G-ovemmoat or GovtjnviiWil

State

Punjab Khadi urid Village Inuusdie;,