Bare Acts

CHAPTER V MISCELLANEOUS


15. Returns to be furnished to Board.—(1) An industrial concern or an institution receiving
financial assistance from the Board shall furnish return to the Board in such form and at such time as may
be specified by regulations.
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(2) The Board may authorise an officer to visit any industrial concern or institution referred to in
sub-section (1) at any time to verify the accuracy of any return made under this section.
16. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing
provisions of this Act, the Board shall, in the discharge of its functions and duties under this Act, be
bound by such directions on questions of policy as the Central Government may give in writing to it from
time to time:
Provided that the Board shall, as far as practicable, be given an opportunity to express its views
before any direction is given under this sub-section.
(2) The decision of the Central Government, whether a question is one of the policy or not, shall be
final.
17. Power of Central Government to supersede Board.—(1) If at any time the Central Government
is of the opinion—
(a) that on account of grave emergency, the Board is unable to discharge the functions and the
duties imposed on it by or under the provisions of this Act; or
(b) that the Board has persistently made default in complying with any direction issued by the
Central Government under this Act or in the discharge of the functions and duties imposed on it by or
under the provisions of this Act and as a result of such default the financial position of the Board or
the administration of the Board has deteriorated; or
(c) that circumstances exist which render it necessary in the public interest so to do,
the Central Government may, by notification in the Official Gazette, supersede the Board for such period,
not exceeding six months, as may be specified in the notification.
(2) Upon the publication of a notification under sub-section (1) superseding the Board,—
(a) all the members shall, as from the date of supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be
exercised or discharged by or on behalf of the Board shall, until the Board is reconstituted under
sub-section (3), be exercised and discharged by such person or persons as the Central Government
may direct; and
(c) all property owned or controlled by the Board shall, until the Board is reconstituted under
sub-section (3), vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under
sub-section (1), the Central Government may reconstitute the Board by a fresh appointment and in such
case any person or persons who vacated their offices under clause (a) of sub-section (2), shall not be
deemed to be disqualified for appointment:
Provided that the Central Government may, at any time, before the expiration of the period of
supersession, take action under this sub-section.
(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of
any action taken under this section and the circumstances leading to such action to be laid before each
House of Parliament at the earliest.
18. Delegation.—The Board may, by general or special order in writing, delegate to the Chairperson
or any other member or to any officer of the Board subject to such conditions and limitations, if any, as
may be specified in the order, such of its powers and functions under this Act (except the power under
section 21) as it may deem necessary.
19. Protection of action taken in good faith.—No prosecution or other legal proceeding shall lie
against the Central Government or the Board or any committee appointed by it or any member of the
Board or such committee, or any officer or employee of the Government or the Board or any other person
authorised by the Central Government or the Board for anything which is in good faith done or intended
to be done under this Act or the rules or regulations made thereunder.
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20. Power of Central Government to make rules.—(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any
of the following matters, namely:—
(a) the qualifications and experience, term of office and other allowances of the members of the
Board, under sub-section (5) of section 3;
(b) the powers and duties of the Chairperson under sub-section (6) of section 3;
(c) the constitution of Oversight Committee under section 5;
(d) the constitution of committees under sub-section (1) of section 6;
(e) the form of application under sub-section (1) of section 8;
(f) the form in which, and the time at which the Board shall prepare its budget under section 11
and its annual report under section 12;
(g) the form of annual statement of accounts under sub-section (1) of section 13 and the date
before which audited copy of the accounts may be furnished to the Central Government under
sub-section (4) of that section;
(h) any other matter which is to be or may be prescribed or in respect of which provision is to be,
or may be, made by rules.
21. Power of Board to make regulations.—(1) The Board may, with the previous approval of the
Central Government, by notification in the Official Gazette, make regulations consistent with this Act and
the rules generally to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the qualifications and experience, terms and conditions of service including salaries and
allowances of the Secretary and other officers and employees of the Board under sub-section (2) of
section 4;
(b) the form in which and the time at which the returns may be furnished to the Board under
sub-section (1) of section 15.
22. Rules and regulations to be laid before Parliament.—Every rule and every regulation made
under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 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 immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or
both Houses agree that the rule or regulation should not be made, the rule or regulation 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 prejudice to the validity of anything previously done under
that rule or regulation.

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