Updated: Saturday August 10, 2013/AsSabt
Shawwal 04, 1434/Sanivara
Sravana 19, 1935, at 08:50:34 AM
[1][1]The
(Punjab Act V
of 1935)
[
An
Act to encourage the development of industries
in
the
Preamble.— WHEREAS it is expedient further to improve
and regulate the giving of State aid for industrial purposes;
AND
WHEREAS the previous sanction of the Governor-General required under
sub-section (3) of section 80-A of the Government of India Act and the previous
sanction of the Governor required under section 80-C of said Act have been
obtained.
It
is hereby enacted as follows:-
CHAPTER
I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the Punjab State
Aid to Industries Act, 1935.
(2) It extends to the
(3) It shall come into force on such date[2][2] as the [3][3][Provincial Government] may, by notification,
appoint in this behalf.
2. Definitions.— In this Act, unless there is anything
repugnant in the subject or context—
(1) “Board” means the Board of Industries
constituted under section 3 of this Act.
(2) “Borrower” means an individual, company or
association or body of individuals, whether incorporated or not, to whom or to
which State aid has been granted under this Act.
(3) “Company” means a company as defined in the [4][4][* * *] Companies Act, 1913[5][5].
(4) “Director” means the Director of Industries, [6][6][* * *].
(5) “Industry” means any industrial business or
enterprise conducted or undertaken either by an individual or by a company,
association or body of individuals, whether incorporated or not.
[7][7][(6) “Cottage
industry” means any industry carried on by a worker in his home and includes
dairy farming, bee-keeping, lac-making and keeping a poultry farm.
(7) “Village industry” means any industry which
forms the normal occupation, whether whole time or part-time, of any class of
the rural population of the Province.]
[8][8][(8)] “Machinery”
includes plant, apparatus, tools and other appliances required for the purpose
of carrying on any industrial operation or process.
[9][9][(9)] “Prescribed”
means prescribed by rules made under this Act.
CHAPTER
II
3. Establishment of a Board of
Industries.— (1) For
carrying out the purposes of this Act, the [10][10][Provincial Government] shall, as soon as
possible, after the commencement of this Act, establish a Board to be called
the “Board of Industries” consisting of the following members, namely:-
(a) Minister
incharge of Industries, [11][11][* * *];
(b) the
Director of Industries, [12][12][* * *];
(c) four
members to be appointed by the [13][13][Provincial Government] one of whom shall be
a banking expert;
[14][14][(d) five
members to be appointed by the Provincial Government from among the residents
of the Punjab as it existed before the coming into being of the Province of
West Pakistan] [15][15][; and];
[16][16][(e) three
members to be nominated as representatives of such Chambers as may be
recognised by the Provincial Government for this purpose:]
Provided that the Board shall have power to invite for
consultation on any particular question before it, not more than three persons
specially qualified to advise on the matter in question or having special
knowledge of local conditions in the area where the industry in question is
situate.
And
provided further that at any meeting of the Board the Minister shall have power
to invite any person for consultation on any particular question.
Any
person so invited whether by the Board or by the Minister shall not have the
right to vote.
(2) The Minister incharge of Industries
shall be ex-officio Chairman and the
Director shall be ex-officio
Secretary of the Board.
(3) Five members of the Board shall form a
quorum.
4. [Procedure in default of election of
members.] Deleted by the
5. Vice-Chairman.— The Board may form time to time elect, for
such period as it thinks fit, one of its members to Vice-Chairman.
6. Elections
and appointments to be notified in Official Gazette.— The names of the Vice-Chairman
and of the appointed [17][17][* * *] members of the Board shall be published by
the [18][18][Provincial Government] in the [19][19][Official Gazette].
7. Term of office.— (1) The Vice-Chairman or any other appointed
or elected member may resign his office by giving notice in writing to the
Chairman.
(2)
(a) Subject to the provisions of this Act
an appointed member shall hold office for [20][20][five] years unless the [21][21][Provincial Government] otherwise directs;
and an elected member shall hold office for [22][22][five] years until such time as he ceases to
be a member of the body electing him whichever is shorter:
[23][23][Provided that in the case of members
elected under the provisions of section
3 by bodies other than the Punjab Legislative Assembly, the term of membership
shall, in any case, terminate automatically on the dissolution of the Punjab
Legislative Assembly.]
(b) An outgoing member may, if otherwise
qualified, be re-elected or re-appointed.
(3) Notwithstanding the expiration of the
term mentioned in sub-section (2), an appointed or elected member shall
continue to hold office until the vacancy caused by the expiration of the said
term has been filled, provided that no vacancy shall be allowed to remain
unfilled for more than six months.
8. Removal of members.— (1) The [24][24][Provincial Government] may, by notification,
remove the Vice-Chairman or any member of a Board if he—
(a) refuses
to act or becomes incapable of acting as a member of the Board;
(b) is
declared insolvent;
(c) is
convicted of any such offence or is subjected by a criminal court to any such
order as in the opinion of the [25][25][Provincial Government] implies a defect of
character which unfits him to continue to be a Vice-Chairman or member of the
Board; provided that before the [26][26][Provincial Government] notifies the removal
of a member under this sub-section, the reason for his proposed removal shall
be communicated to the member concerned and he shall be given an opportunity of
tendering an explanation in writing;
(d) without
excuse, sufficient in the opinion of the [27][27][Provincial Government] is absent, without
the consent of the Board, from more than four consecutive meetings of the
Board.
(2) The [28][28][Provincial Government] may fix a period
during which any person so removed under clause (b) or (c) of sub-section (1)
of this section shall not be eligible for re-appointment or re-election.
9. Casual vacancies.— When the place of any appointed [29][29][* * *] member of a Board becomes vacant by
his removal, resignation or death, a new member shall be appointed [30][30][* * *] in the manner provided in section 3:
[31][31][* ** * *
* * * * * * * * *]
Provided [32][32][* * *] that any person so appointed, elected or
nominated under this section shall be subject to retirement at the same time as
if he had become a member of the Board on the day on which the member of the
Board in whose place he is appointed, elected or nominated was last appointed,
elected or nominated a member of the Board:
Provided
further that no act of the Board or of its officers shall be deemed to be
invalid by reason only that the number of members of the Board at the time of
the performance of such act was less than the number provided by section 3.
10. Allowances and fees.— The members of the Board and the members of
Committees, which may be appointed by the Board, when necessary, shall be paid
travelling allowances of the prescribed amount and on the prescribed conditions
for attending meetings of the Board, or for performing any duty assigned to
them by the Board for the purposes of this Act.
11. President at meetings.— (1) The Chairman or in his absence the
Vice-Chairman shall preside at every meeting of the Board, and shall have a
second or casting vote in all cases of equality of votes.
(2) In the absence of both the Chairman and the
Vice-Chairman the members present at any meeting may elect one of their members
to preside, who shall have a second or casting vote in all cases of equality of
votes.
12. Interested members not to vote.— No member of the Board shall vote on any
question coming before the Board for consideration in which (otherwise than in
its general application to all persons and properties within the province) he
has a pecuniary interest.
Explanation— In case of any
question arising whether a member has or has not a pecuniary interest, the
decision of the Chairman shall be final.
13. Power of Board to make regulations.— (1) The Board may make regulations
consistent with this Act and the rules thereunder for the carrying of all or
any of its purposes.
(2) In particular and without prejudice to the
generality of the foregoing power, the Board may make regulations regulating or
determining all or any of the following matters, namely:-
(i) the time and place of its meetings;
(ii) the manner in which notice of meeting shall
be given;
(iii) the conduct of proceedings at meetings;
(iv) the division of duties among the members of
the Board; and
(v) the appointment, duties and procedure of
special Committees consisting wholly of members of the Board of partly of such
members and partly of other persons.
14. Supersession of Board.— (1) If at any time it appears to the [33][33][Provincial Government] that the Board is not
properly performing the duties imposed upon it by or under this Act, the [34][34][Provincial Government] may, after
considering any explanation offered by the Board by an order in writing
specifying the reasons for so doing, dissolve the Board and direct that the
vacancies shall thereupon be filled by election in respect of elected members
and by appointment in respect of
appointed members in the manner indicated above.
(2) From the date of an order under
sub-section (1) until the vacancies are filled, all powers and duties of the
Board shall be exercised and performed by such person in such manner as the [35][35][Provincial Government] may direct.
15. Duty of Board.— It shall be the duty of the Board—
(a) to
report to the [36][36][Provincial Government] after such enquiry,
if any, as it deems necessary or as may be required by this Act, on application
for State aid that may be referred to it for advice by the [37][37][Provincial Government];
(b) to
advise the [38][38][Provincial Government] on any matters that
may be referred to it:
Provided
that the [39][39][Provincial Government] shall not sanction State
aid without reference to the Board except in the case of a loan the amount of
which does not exceed Rs. 5,000.
16. Documents and reports to be furnished to the
Provincial Government.— If
the [40][40][Provincial Government] so directs, the
Secretary shall forward to the [41][41][Provincial Government] any document and
prepare and submit any report relating to the work of the Board.
CHAPTER
III
GENERAL
PROVISIONS REGARDING
THE
GIVING OF STATE AID
17. Forms of State aid.— The forms of State aid which may be given
may include the following, namely:-
(a) the
grant of a loan;
(b) the grant, sale or lease of land, raw
material, fire-wood, water or any other property vested in [42][42][the Provincial Government];
[43][43][(c) the
payment of a subsidy, in the case of a cottage industry or village industry for
any purpose; and in the case of any other industry for the conduct of research
or the purchase of machinery;]
(d) the
supply of machinery on the hire-purchase system;
(e) the
guarantee of a minimum return on the whole or part of the capital of a joint
stock company invested in an industry.
18. Industries to which several forms of State
aid may be given.— State aid
may be given to—
(a) a
new or nascent industry;
(b) an
industry to be newly established in an area where such industries are
undeveloped;
(c) a
cottage industry, [44][44][or village industry]; or
(d) an
industry which needs revival, or development by modern methods.
19. Application for State aid.— Applications for State aid shall be made to
the Director in such form, and shall contain such information, as may be
prescribed.
CHAPTER
IV
PROVISIONS REGULATING THE GIVING OF STATE
AID OTHERWISE THAN BY THE SUPPLY OF
MACHINERY ON THE HIRE-PURCHASE SYSTEM
20. Power to grant loans.— Loans granted under this chapter shall be
subject to the sanction of the [45][45][Provincial Government] given after
consultation with the Finance Department, provided that in regard to loans not
exceeding a prescribed amount, the [46][46][Provincial Government] may make rules
delegating their powers to such authority or officer as they deem fit.
21. Security for
repayment.— (1) When an application for loan has been accepted, the applicant shall
execute a deed in the prescribed form undertaking to apply the money lent to
the purpose or purposes for which aid to fulfil the conditions on which the
loan was granted, and rendering himself and such property as may have been
specified in the deed as security, and , in the event of that property being
found insufficient, the whole of his property liable for the repayment of the
loan with interest and costs, if any, incurred in making or recovering the
loan.
(2) When the application has been made by a firm
or company the deed shall be executed by a duly authorised representative
thereof, and the deed shall thereupon be deemed binding on the said firm or
company and the property of the said firm or company shall be liable for the
repayment of the loan in the same manner as if the loan had been granted to an
individual.
22. Loan how repayable.— The loan, together with all interest due
thereon, if any, shall be repayable either in a lump sum or by installments as
may be provided for in the deed executed by the borrower under section 21.
23. Notice to
pay.—
(1) When any loan or installment or interest thereon falls due and is not paid
on or before the due date or when a loan has been declared immediately
repayable under section 27, the officer empowered by the [47][47][Provincial Government] in this behalf may cause
to be served on the borrower a notice in the prescribed manner calling upon him
to pay the sums due within such time as may be fixed therein.
(2) Such notice shall contain an intimation that
in case of default the said officer will issue a declaration in the prescribed
form showing the amount of the debt due and the property mentioned in the deed
as liable to satisfy the same.
24. Effect of declaration.— (1) If within the time so fixed the sums due
are not paid, the officer empowered under section 23 may issue the declaration
as described in sub-section (2) of the same section, and such declaration shall
be published in the [48][48][official Gazette].
(2) Such declaration shall be conclusive
evidence of its contents, and shall not be called into question in any court by
the borrower, his heirs, legal representatives or assigns [49][49][or by any member of his family if he belongs
to a joint Hindu family nor shall any right, principle or rule arising from or
under the personal or customary law applicable to the said persons or any of
them, nor anything contained in the Punjab Alienation of Land Act, 1900, affect
the validity or effectiveness of a mortgage executed or of a declaration
published under this Act, or the procedure therein provided for enforcement
thereof.]
(3) Such declaration may be produced by the
said officer, or by such other person as he may either generally or specially
appoint in this behalf before the principal civil court of original
jurisdiction, within the local limits of whose jurisdiction any of the property
liable for the debt due is situate in the same manner as a decree of which
execution is sought.
25. Execution of declaration.— When declaration has been received by a
civil court under section 24, the court shall immediately attach the property
mentioned in the declaration and shall pass an order directing, that, unless
the amount mentioned in the declaration is paid within such time, not,
exceeding two months, as the court may consider reasonable, it may be recovered
by sale of the property mentioned in the declaration as if it were a decree for
the payment of money passed by the said court in the exercise of its ordinary
civil jurisdiction.
26. Inspection and returns.— In any case in which an application for a
loan has been made under this Chapter the applicant, and at any time during the
currency of a loan that has been granted the borrower, shall be bound—
(a) to
comply with any general or special order of the Director relating to the
inspection of the premises, buildings, machinery and stock-in-hand of the
industry;
(b) to
permit the inspection of all accounts relative to the industry;
(c) to
furnish full returns of all products manufactured or sold, both as regards
description and quality;
(d) to
maintain such special accounts and to furnish such statements as the Director
may from time to time require; and
(e) to
submit the accounts of the industry to such audit as the Director may
prescribe.
27. Penalty for
default in applying the loan.— If the Director, after any inspection provided for in
section 26, is not satisfied that the money lent is being applied to the
purpose or purposes for which the loan was granted or that the conditions on
which the loan was granted are being duly fulfilled, he may declare,
notwithstanding anything contained in the deed executed under section 21 that
the loan is immediately repayable and shall give notice of such declaration to
the borrower.
28. Power to adjust security during currency of
loan.— If at any time during
the currency of the loan, the value of the security falls below the outstanding
balance of the loan, the Director may either proceed to recover in the manner
laid down in sections 23, 24 and 25 so much of such balance as is not
adequately covered by the then existing value of the security or accept such
additional or collateral security as he may deem sufficient.
29. Power to
recover loans.— If the borrower fails to comply with any order under clause (a) of
section 26 or does not permit or obstructs the inspection of the accounts
relative to the industry or makes default in respect of any of the particulars
specified in clauses (c), (d) and (e) of the said section, or if the borrower
disposes of any profits in contravention of the provisions of sections 33 the
Director may, after considering any representation the borrower may make within
such time as the [50][50][Provincial Government] may allow in this behalf,
proceed to recover the loan in the manner laid down in sections 23, 24 and 25.
30. Appeal.— Within 15 days of the receipt of a notice under section 27, 28 or 29,
the borrower may appeal against such order to the [51][51][Provincial Government] and the decision of
the [52][52][Provincial Government] thereon shall be
final:
[53][53][Provided that no order under this section
shall be passed unless an opportunity of being heard is provided to the person
to be affected thereby.]
31. Government
guarantee of a minimum return.— The conditions of a guarantee by the [54][54][Provincial Government] of a minimum return on the
whole or part of the capital of a joint stock company shall be—
(a) that
the industry shall be subject to the conditions of section 26 in respect of
inspection, returns and accounts;
(b) that
a minimum portion of the authorizing capital of the industry to be fixed
according to the circumstances of each case has been subscribed and paid in
cash;
(c) that
no such guarantee shall in any case extend beyond a period of 5 years;
(d) that
during the period to which the guarantee extends, the [55][55][Provincial Government] may impose on such
persons as it considers to be directly concerned in the promotion of the
company, a condition that if they transfer any of their shares without the
consent of the [56][56][Provincial Government], they shall be liable
jointly and severally to refund to the [57][57][Provincial Government] any sums paid to the
company in fulfillment of the guarantee;
(e) that the [58][58][Provincial Government] shall be entitled to
recover the whole or any part of the sum paid by the [59][59][Provincial Government] on account of such
guarantee with interest at the rate in force on the date of the agreement for
loans granted under the Land Improvement Loans Act, 1883[60][60], at any time after such period as may have been
laid down in the agreement, provided that the [61][61][Provincial Government] is satisfied that the
company is paying or is able to pay
interest or a dividend upon the capital
shown as paid up in excess of such rate as may be fixed in the agreement and
such recovery shall be made in the manner laid down in sections 23, 24 and 25:
Provided
that the sum recoverable by the [62][62][Provincial Government] in any one year shall
not exceed a sum equal to half the net profits made by the company in the
preceding year in excess of the sum required for the payment of interest or
dividend at the rate fixed in the agreement.
[63][63][32. Subsidies.— A subsidy to a cottage
industry or a village industry for any purpose and a subsidy to any other
industry for the conduct of research or for purchase of machinery may be
granted by the Provincial Government on such conditions as may be prescribed in
this behalf.]
33. Disposal of profits when conditions on which
State aid is given are not fulfilled.— No borrower shall pay any dividend or distribute or take any profits
in excess of such percentage rate upon the amount of the capital of the
industry as the [64][64][Provincial Government] may from time to time
fix, until the conditions on which the State aid has been granted are
fulfilled.
34. Government control of aided industry.— Notwithstanding anything contained elsewhere
in this Chapter, the [65][65][Provincial
Government] may, by the appointment of its own directors or otherwise exercise
such control over the conduct of the industry to which State aid has been given
as shall suffice in its opinion to safeguard its interests, provided that such
right has been expressly reserved by agreement at the time the aid was granted.
35. Method of recovery of money due.— Notwithstanding anything contained in
sections 23, 24 and 25, all arrears of money payable to the [66][66][Provincial Government] under this Act including
interest chargeable thereon and costs, if any, incurred, may, with the previous
sanction of the [67][67][Provincial Government], be recovered as
arrears of land revenue.
CHAPTER
V
SUPPLY
OF MACHINERY ON HIRE-PURCHASE SYSTEM
36. Percentage of cost to be deposited by hirer.— No machinery shall be supplied by the [68][68][Provincial Government] on the hire-purchase
system unless the applicant therefor deposits with the Director such percentage
of the cost thereof as may be prescribed, and furnishes security for the unpaid
portion of such cost in the same manner as for a loan granted under the
provisions of Chapter IV.
37. Particulars to be specified in order when
application is allowed.—
When an application is allowed, the Director shall, subject to and in accordance
with any rules that may be made under this Act, make an order specifying the
following particulars, namely:-
(a) the amount of each installment of rent to be
paid for the hire of the machinery and the number of such installments to be
paid before the machinery shall become the property of the hirer;
(b) the
amount of interest, if any, to be paid with each installment of rent on the
remaining unpaid installments;
(c) the
dates on which and the manner in which the aforesaid payments shall be made; and
(d) such
other particulars as may be prescribed.
38. Conditions of supply of machinery on
hire-purchase system.— Until
the hiring is terminated in the manner hereinafter provided, the following
provisions shall apply, namely:-
(a) The
hirer shall pay punctually and without demand the installments of rent and
amount of interest specified in the order referred to in section 37.
(b) The
hirer shall retain the machinery in his own possession in good and serviceable
order and condition and shall not, without the previous written consent of the
Director, make any addition thereto or alteration therein, nor remove the
machinery or any part thereof from the premises specified in the application
for the supply thereof.
(c) The
machinery shall remain the sole and absolute [69][69][property of the] [70][70][Provincial Government], and any transfer
thereof or assignment of any right, title or interest therein or the creation
of any mortgage, encumbrance or any other charge thereon by the hirer shall be
void as against the [71][71][Provincial Government] unless it has been
made with the previous written consent of the Director.
(d) the
machinery shall not be liable to distraint, attachment or sale by any process
under any law for the time being in force, otherwise than under this Act.
(e) The
machinery shall bear a metal plate in the prescribed form, and any person who
wilfully removes or defaces such plate shall be liable to a fine not exceeding
five hundred rupees. It shall be
presumed until the contrary is proved that machinery bearing such metal plate
is the [72][72][property of the] [73][73][Provincial Government] hired out under this
Chapter.
(f) The
hirer shall permit the Director or any person authorized by the Director in
this behalf to inspect the machinery at all reasonable times, and the Director
or such other person shall have all such powers of entry as may be necessary
for the purpose of making an inspection.
(g) In
addition to the foregoing conditions the hirer shall be bound by such other
conditions consistent therewith as may be prescribed by rules made under this
Act, or may be imposed by the Director in any particular case.
39. Consequences of default by hirer.— If the hirer makes default in paying the
rent of the machinery or any sum payable as interest or any other charges due
from him under this Chapter or fails to comply with any of the conditions which
are contained in, or may be imposed under section 38, the Director may, after
giving him 16 days’ notice, terminate the hiring and he or any other officer authorized
by him in this behalf may thereupon enter the premises in which the machinery
is for the time being kept, whether such premises belong to the hirer or not
and seize and take away the same.
40. Option of
hirer to purchase machinery seized for default.— (1) If the machinery is
seized and taken away under section 39 the hirer shall have the option to be
exercised within one month after such a seizure or such longer period as may be
allowed by the Director in this behalf, of purchasing the same by payment to
the Director of the unpaid balance of the cost thereof, together with such
other amounts as may be due, and the cost of and expenses incidental to such
seizure and removal.
(2) If within the period specified in sub-section
(1) the hirer does not exercise the option of purchase, the Director shall
proceed to dispose of the machinery.
41. Liability of hirer on termination of hiring
under sections 24 and 25.—
If the Director terminates the hiring under section 39, and the hirer does not
purchase the machinery under section 40, the hirer shall not be entitled to the
refund of the sum deposited by him under section 36 or to the refund or
remission of any payment made by or due from him during the hiring, and shall
be liable to pay such amount, if any, as the Director may determine in respect
of any loss caused by the disposal of the machinery under sub-section (2) of
section 40.
42. Termination of hiring on payment of cost of
machinery.— When, after
credit has been given for the amount deposited under section 36, the hirer has
paid in full all the installments of rent mentioned in clause (a) of section 37
and the amount of interest, costs and other charges payable by him under this
Chapter, he shall become the owner of the machinery and shall thereupon remove
from the same the metal plate mentioned in clause (e) of section 38:
Provided
that if at any time during the hiring the hirer pays in advance the remaining
installments of rent the interest payable in respect thereof shall be remitted.
43. Penalty for non-removal of metal plate from
machinery.— If the hirer
wilfully omits, after receiving due notice, to remove the metal plate from any
machinery which has become his property under section 42, he shall be liable to
a fine not exceeding fifty rupees.
44. Sums due under this chapter recoverable as
loans under Chapter IV.— All
sums payable under this Chapter shall be recoverable in the same way as loans
under Chapter IV.
CHAPTER
VI
SUPPLEMENTAL
45. Finality of decision of Provincial Government
and bar of suits and proceedings in Civil and Criminal Courts.— (1) The decision of the [74][74][Provincial Government] as to whether the
conditions laid down in or under any of the provisions of this Act have been
satisfied shall be final, and no suit shall be brought in any civil court to
set aside or modify any order made thereunder.
(2) No prosecution, suit or other proceeding shall
lie against any Government officer or other authority vested with powers under
this Act for anything in good faith done or intended to be done thereunder.
46. Power to make rules.— (1) The [75][75][Provincial Government] may, after previous
publication, make rules consistent with this Act for the carrying out of all or
any of its purposes.
(2) In particular and without prejudice to
the generality of the foregoing power, the [76][76][Provincial Government] may make rules
regulating or determining all or any of the following matters, namely:-
[77][77][(a) nomination
of three members of the Board under clause (e) of sub-section (1) of section
3;]
(b) regulating the travelling allowance under
section 10;
(c) the manner of making application for State
aid under section 19;
(d) the delegation of power to give loans under
section 20;
(e) the form of deed to be executed under section
21;
(f) the nature and amount of the security to be
taken under sections 21 and 36 for the due application and repayment of the
State aid or rents together with all interest due thereon, if any, and the rate
of interest at which and the conditions under which State aid may be granted:
Provided
that where the security consists wholly or in part of the premises, machinery,
stock, stores or other property, present or future, movable or immovable of the
industry concerned, then the whole of such property present and future, movable
and immovable, may be made liable for the recovery of the loan and all interest
due thereon, if any;
(g) the inspection under section 26 of the
premises, buildings, machinery and stock-in-hand and the mode of keeping and
auditing the account and of furnishing returns of any industry in respect of
which State aid has been given;
(h) the manner in and the place at which notices
or orders may be served on any borrower;
(i) the form of the declaration to be used under
section 24;
(j) the fixing of the period for the repayment of
loans;
(k) the application under section 33 of profits
in the case in which the conditions on which State aid has been given, have not
been fulfilled;
(l) the appointment and functions of directors
appointed by the [78][78][Provincial Government] under section 34 and
the prescribing of other methods of control of industries to which State aid
has been given;
(m) the percentage of the cost of machinery to be
deposited under section 36;
(n) the additional particulars to be specified in
the order referred to in section 37 and the condition on which machinery may be
supplied on the hire-purchase system;
(o) the form of the metal plate referred to in
clause (e) of section 38;
(p) the form of notice under section 39;
(q) the recovery of any sums payable under this
Act; and
(r) all other matters pertaining to the working
of this Act.
47. Repeal.—
The Punjab Industrial Loans Act, 1923[79][79], is hereby repealed.
[1][1]For statement of objects and reasons, see Punjab Gazette, 1935, Extraordinary,
page 54; for Report of the Select Committee, see Punjab Gazette, 1935, Part V, pages 31-33; for proceedings in
Council, see Punjab Legislative
Council Debates, Volume XXVII, pages 42-59, 922-939, 971-1003, 1233-1238.
This Act received the assent of the Governor of the Punjab on 7th
December, 1935; that of the Governor-General on 19th January, 1936; and, was
published in the
[2][2]The Act came into force on 7th March, 1936, vide Punjab Government Notification No.
1021-1 and L-1936/7815, dated 6th March, 1936.
[3][3]Substituted, for the words “Local Government”, by
the Government of
[4][4]The word “Indian”, omitted by the Punjab Laws
(Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2, Schedule
I, Part II.
[5][5]VII of 1913.
[6][6]The word “
[7][7]Added by the State Aid to Industries (Amendment)
Act, 1940 (III of 1940), section 2.
[8][8]The original clauses (6) and (7) re-numbered as
clauses (8) and (9), ibid.
[9][9]Ibid.
[10][10]Substituted, for the words “Local Government”, by
the Government of
[11][11]The word “
[12][12]Ibid.
[13][13]Substituted, for the words “Local Government”, by
the Government of
[14][14]The original clause (d) which was first substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, was later, Substituted by the West Pakistan Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), section 3, Schedule III.
[15][15]The full-stop has been replaced by semi-colon and
the word “and”, inserted by the Punjab State Aid to Industries (Amendment) Act,
1951 (VI of 1951), section 2.
[16][16]Substituted, ibid.,
for the original clauses (e), (f) and (g).
[17][17]Omitted by the
[18][18]Substituted, for the words “Local Government”, by
the Government of
[19][19]Substituted, ibid.
for the words “Punjab Gazette”.
[20][20]Substituted for the word “three”, by the Punjab State
Aid to Industries (Amendment) Act, 1938 (VI of 1938), section 2.
[21][21]Substituted, for the words “Local Government”, by
the Government of
[22][22]Substituted for the words “three”, by the Punjab
State Aid to Industries (Amendment) Act, 1938 (VI of 1938), section 2.
[23][23]Added ibid.
[24][24]Substituted, for the words “Local Government”, by
the Government of
[25][25]Ibid.
[26][26]Ibid.
[27][27]Ibid.
[28][28]Substituted, for the words “Local Government”, by
the Government of
[29][29]Omitted by the
[30][30]Ibid.
[31][31]The first proviso as amended by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937, deleted by the
West Pakistan Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section
3, Schedule III.
[32][32]The word “further” deleted, ibid.
[33][33]Substituted, for the words “Local Government”, by
the Government of
[34][34]Ibid.
[35][35]Substituted, for the words “Local Government”, by
the Government of
[36][36]Ibid.
[37][37]Ibid.
[38][38]Ibid.
[39][39]Ibid.
[40][40]Ibid.
[41][41]Ibid.
[42][42]Substituted, for the words “His Majesty for the
purposes of the Province”, by West Pakistan Laws (Adaptation) Order, 1964,
section 2(1), Schedule Pt.II, which were previously substituted, for the words
“of the Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[43][43]Substituted by the State Aid to Industries
(Amendment) Act, 1940 (III of 1940), section 3.
[44][44]Inserted ibid.,
section 3-A.
[45][45]Substituted, for the word “Local Government”, by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[46][46]Ibid.
[47][47]Substituted, for the word “Local Government”, by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[48][48]Substituted, ibid.,
for the word “Gazette”.
[49][49]Inserted by the State Aid to Industries (Amendment)
Act, 1940 (III of 1940), section 4.
[50][50]Substituted, for the words “Local Government”, by
the Government of
[51][51]Ibid.
[52][52]Ibid.
[53][53]Added by the
[54][54]Substituted, for the words “Local Government”, by
the Government of
[55][55]Substituted, for the words “Local Government”, by
the Government of
[56][56]Ibid.
[57][57]Ibid.
[58][58]Ibid.
[59][59]Ibid.
[60][60]XIX of 1883.
[61][61]Substituted, for the words “Local Government”, by
the Government of
[62][62]Ibid.
[63][63]Substituted by the State Aid to Industries
(Amendment) Act, 1940 (III of 1940).
[64][64]Substituted, for the words “Local Government”, by
the Government of
[65][65]Ibid.
[66][66]Ibid.
[67][67]Ibid.
[68][68]ibid.
[69][69]Substituted, for the words “property of the Local
Government”, by the Government of
[70][70]Substituted, for the word “Crown”, by West Pakistan
Laws (Adaptation) Order, 1964, section 2 (1), Schedule Pt.II.
[71][71]Substituted, for the words “Local Government”, by
the Government of
[72][72]Substituted ibid.,
for the words “property of the Local Government.”
[73][73]Substituted, for the word “Crown”, by West Pakistan
Laws (Adaptation) Order, 1964, section 2(1), Schedule Pt.II.
[74][74]Substituted, for the words “Local Government”, by
the Government of
[75][75]Ibid.
[76][76]Ibid.
[77][77]Substituted by the Punjab State Aid to Industries
(Amendment) Act, 1951 (VI of 1951), for original clause (a).
[78][78]Substituted, for the words “Local Government”, by
the Government of
[79][79]I of 1923.
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