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THE MADHYA PRADESH STATE AID TO INDUSTRIES ACT,
1958
(No.20
of 1958)
TABLE
OF CONTENTS
Sections.
CHAPTER 1
PRELIMINARY
1.
Short title, extent and commencement.
2. Definitions.
3. Classification of Industries.
CHAPTER II
GENERAL PROVISIONS REGARDING THE GIVING
Of STATE AID
4.
Constitution of State Industries Committee.
5.
Term of Office.
6.
Cessation of membership.
7.
Casual vacancies.
8.
Members of Committee not be communicate information.
9.
Forms of State Aid.
10.
Industries to which several forms of State aid may be
given.
11.
Formation of a company.
12.
Form and contents of application for State aid
13.
Member of the Committee not to take part in proceeding in
which he is pecuniarily interested.
14.
Imposing conditions on an industry to which state aid is granted.
CHAPTER
III
PRIVISIONS REGULATING THE GIVING OF STATE AID
15.
Limitations of amount of loans.
16.
Loan how secured.
17.
Inspection and returns.
18.
Power of State Government to stop State aid, ,etc .
20.
Repayment of loans.
21.
Guaranteeing of cash credits, etc, with banks,
22.
Guarantee of minimum return on capital.
23.
Subsidies.
24.
Disposal of profits when conditions of State aid not
fulfilled.
25.
Government control of industry aided
26.
Penalty for breach.
27.
Recovery of
money due under this Chapter,
28.
Special provision for small scale industries.
CHAPTER IV
SUPPLEMENTAL
29.
Finality of decision of State Government and bar of suits
and proceedings in civil and Criminal Courts.
30.
Power to make rules.
31.
No state aid to be given save in accordance with the provisions of Act,
32.
Repeal and Saving.
THE
MADHYA PRADESH STATE AID TO INDUSTRIES ACT, 1958
(No.20
of 1958)
(Received
the assent of the Governor on the 21st July 1958;
assent first published in the Madhya Pradesh Gazette on the 1st
August 1958.)
AN ACT
to
regulate the grant of State aid to industries
BE it enacted by the Madhya Pradesh Legislature in the
Ninth Year of the Republic of
India as follows:-
Chapter 1
Preliminary
1. 1) This Act may be called "The Madhya Pradesh state
Aid to Industries Act, 1958"
2) It extends to the
whole of Madhya Pradesh.
3). It shall come into force on such
date as the State Government may, by notification, appoint in this
behalf,
2. Definitions.-
In this Act, Unless there be something repugnant in the subject or
context,-
1)
the "Committee" means the State Aid to Industries
Committee constituted under Section 4;
2)"Company" means a company within the meaning of the Indian Companies Act for
the time being in force:
3) "Director" means the Director of Industries and includes
any officer appointed by the State Government, either by name or
by virtue of this office, to perform any of the functions of this
Director or under this Act;
4)"Industry" means any industrial business or enterprise involving any
manufacturing process or operation conducted or undertaken either
by an individual or
by a company, association or body of individuals, whether incorporated or not; and includes a Marketing Society, a Processing Society and a
Resource Society; within the meaning of the Madhya Pradesh
Co-operative Societies Act, 1960);
5) "machinery" includes plant, apparatus, tools appliances
and other mechanical equipment required for the purposes of
carrying on any industrial operation or process;
6)"Prescribed" means prescribed by rules made under this Act,
3. Classification
of industries,- For the purposes of this Act, the industries shall
be classified as follows:-
(i)
Large-scale industry meaning an industry the capital outlay of
which on land,
building, installed machinery, railway siding or other fixed
assets exceeds rupees ten lakhs;
(ii)
medium-scale industry meaning an industry the capital outlay of
which on land, building, installed machinery, railway siding or
other fixed assets exceeds rupees 3(two) five lakhs does not
exceed rupees ten lakhs;
(iii)
small-scale industry meaning an industry other than a large scale
industry or medium scale industry.
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CHAPTER II
GENERAL
PROVISIONS REGARDING THE GIVING OF STATE AID
[4.Consitution
of State Aid to Industries Committee:- (1) There shall be
constituted a State Aid to Industries Committee consisting of the
following members, namely:-
(a)
the Minister for Commerce and Industry who shall be the Chairman
of the Committee;
(b)
the Deputy Minister for Commerce and Industry;
(c)
five members of the State Legislative Assembly to be elected by
the Assembly;
(d) the Director of Industries;
(e) the Managing Director of the Financial Corporation of the
State;
(f)
Not more than three officers to be appointed by the State
Government by virtue of office;
3(g)
ten members to be appointed by the State Government, of whom at
least one shall represent each class of the industrial specified
in section 3 and the remaining shall represent other industrial,
commercial and allied interests:]
Provided
that for any meeting of the Committee the Chairman may invite any
person for advising the Committee on any matter in question before
the meeting but the person so invited shall have no vote.
2)
The election or appointment of members under clauses (c), (f) and
(g) of sub-section (1) shall be notified and such members shall
enter upon their offices from the date of such notification.
3)
The Director of
Industries shall be ex officio Secretary to the Committee.]
5,
Term of office:- (1) The members of the Committee elected under clause (c) of sub-section
(1) of section 4 shall hold office for a term of three years or
till such time as they continue to be members of the Legislative
Assembly, whichever is earlier.
(2) The members of the committee appointed under clause (g) of
sub-section (1) of section 4 shall hold office for a term of one
year.
(3)
Notwithstanding anything contained in this section, an outgoing
member shall, unless the State Government otherwise directs,
continue in office till the date the election or appointment of
his successor is notified under sub-section (2) of section 4.
(4)
An outgoing member
shall be eligible for re-election or re-appointment]
6.
Cessation of membership- Notwithstanding anything contained in
section 5, if before the expiry of his terms any member elected under clause 3(c) of sub-section (1) of section 4 ceases to
be member of the Legislative Assembly, he shall forthwith cease to
be a member of the Committee.
7.
Casual vacancies.- (1) If any vacancy is caused in the membership
of the Committee by reason of the provision of otherwise of a
member of the Committee, the vacancy so caused shall in the case of a member of the
Committee under clause 2[(c)] of sub-section (1) of section 4, if
the Legislative [Assembly is not then in
session, be filled in the session next following the date of the vacancy, and in the case of a member of the Committee appointed under
clause 1{(g)] of sub-section (1) of section 4, then within a
period of 9 months from the date of the vacancy.
(2)
No act of the Committee shall be deemed to be invalid by reason
only that the number at the time of the performance of such act
was less than the number provided under section 4.
8. Members
of Committee not to communicate information -(1) No members of
the Committee shall communicate or allow to be communicated to any person not legally entitled thereto any information
relating to any matter under the consideration of the Committee which has become known to him as such
member.
(2)
The Committee may, by a resolution passed at a meeting thereof recommend to the State Government the termination of the membership of any
member who in its opinion has contravened the provisions of
sub-section (1):
Provided
that no such resolution shall be passed until the member to be
thereby affected has been given a reasonable opportunity of being
heard by the Committee against the action proposed to be taken in
regard to him.
(3)
Upon a recommendation made under sub-section (2), the State
Government may, by notification, terminate the membership of such
member.
9.
Forms of State aid:-.State aid may be given in all or any of the
following forms, namely :-
(a)
the grant of a loan;
(b)
the guarantee of a cash credit, overdraft or fixed advance with a
bank;
(c)
the guarantee of a minimum return on the whole or part of the
capital of a joint-stock company for a period fixed in accordance with rules made under this Act;
(d)
underwriting the issue of stock, shares, bonds or debentures by a
limited joint-stock company;
(e)
the guarantee of
principal and interest on debentures issued for or by a limited joint-stock company;
(f)
the acquisition of shares in a limited joint stock company either
by the payment of money or in consideration of the grant of any
facility specified in clause
(e), according as the State Government may deem fit;
(g)
the grant, on favourable terms, of land, raw material, fuel, water
or any other property or right vested in the State Government,
subject to the provisions of any law, rule or order for the time
being in force;
(h)
the grant, free of charge or on favourable terms, of the service
of experts or persons in the service of the Government for
starting or advising an industry ;
"(h-1)
guarantee of the price of machinery and equipment purchased by any
industry on a hire purchase agreement from the National Small
Industries Corporation or any other concerns approved by the State
Government"; and
(i)
the payment of subsidy-
(i)
in the case of any large-scale or medium scale industry, for the
conduct of research; and for such other purposes as the State
Government may by notification specify;
(ii)
in the case of any scale industry, for one or more of the
following purposes, namely :-
(a)
the purchase of land, machinery and equipment;
(b)
the construction of factory, buildings, godowns, wells,
watch-house;
(c)
the making of technical improvements in the machinery in actual
use in the industry;
(d)
the employment of efficient managerial and supervisory personnel
for a limited period;
(e)
the training of workers employed in the industry;
(f) for
the conduct of research
(g)
for such other purpose as the State Government may by notification
specify.
10. Industries to which several forms
of State aid may be given :-(1) State aid may be given-
(a)
in any of the forms specified in section 9, to -
(i)
in new or nascent large-scale industry or medium scale industry;
(ii)
a large-scale industry or medium scale industry newly established
in an area where such industries are undeveloped;
(iii)
any large-scale industry or medium scale industry other than those
specified in sub-clauses (i) and (ii) where the State Government
is satisfied that special reasons exist for such aid; or
(iv)
any small-scale industry;
(b)
in the forms specified in clauses (b), (c), (g) and (h) of the
said section, to any industry.
(2) The State Government may require any industry in receipt of State aid to locate its head office in the State.
Explanation:- In the case of any industry which is a company registered under the Indian
Company Act, 1913 (VII of 1913) or the Companies Act, 1956 (1 of
1956), the expression "head office" means its registered
office within the meaning of the Act under which it was
registered.
Formation
of a company:-
11. (1)
The State Government may take such steps are necessary or
desirable to secure the formation of a limited company confirming
to the prescribed
conditions and have it registered under the Companies Act, 1956 (1
of 1956) withy they object or providing industrial credit.
(2) The State Government may, with regard to industries
generally or to any particular class or industries, and subject to
such conditions or restriction as it may deem fit to impose
delegate to the company with all or any of its powers under this
Act other than the power to make rules under section 30.
(3) Rules shall be made under this section regulating the
conditions subject to which a company shall be formed under this
section and such rules may provide that a breach of any such or
conditions shall be punishable with fine which may extend to one
hundred rupees.
12.
1)Form and contents
of application for State
aid :-(1) Applications for State aid shall be made in such form
and shall contain such information as may be prescribed.
2) Every application shall be placed before the Committee
for its advice and no application shall be allowed if two- third of
the members of the Committee present at the meeting advice its
rejection.
(3) If the extent of the aid applied for exceeds rupees
five lakhs, and in any other case in which this procedure may be
considered necessary, the State Government shall publish a notice
in the prescribed manner calling upon any person engaged in the
same kind of industry
who objects to the grant of the aid applied for, to State hear such objections and make or cause to be
made such enquiry as may be necessary.
(4) The State Government may refer to the Committee any
matter relating to the establishment of an industry in the State
or to the grant of State aid under this Act or any industry and it
shall be the duty of the Committee to examine the matter referred
to it and to advise the State Government on it.
13. Member of the Committee not to take part in the
proceeding in which he is pecuniarily interested :- No member of the Committee
shall vote or take part in the discussion of any question coming
up for consideration at a meeting of the committee, if the
question is one in which he or any of his relatives has any direct or indirect pecuniary
interest or he is interested in such question in his professional
capacity on behalf of his client or as an agent.
Explanation:- For the purpose of this section, expression "relative" shall have the same meaning as assigned to it
under section 6 of
the Companies Act, 1956 (1 of 1956).
14.
(1) The State Government may, before granting
State aid to any industry or during the continuance of any State
aid so granted, impose such conditions as may in its opinion be
necessary or expedient to safeguard its interests by securing the
training of apprentices.
(2) Any conditions imposed under sub-section (1) shall be notified.
chapter
III:- Provisions regulating the giving of State Aid
15.
(1) No loan shall be granted to any large-scale industry or
medium scale industry of an amount exceeding 66 per cent or to any
small-scale industry of an amount exceeding 75 per cent, of the
net value of the assets of the industry after the deduction of the
value of all encumbrance existing at the time when the application
is made;
Provided that the State Government may, subject to such restriction as may be
prescribed, relax the provisions of this section, in the case of
any particular application in regard to an industry referred to in
sub-clauses (i) and (iv) of clause (a) of sub-section (1) of
section 10.
Explanation:- In this sub-section the net value of the a
assets
of any industry includes the value of any collateral security
prescribed under section
16.
(2) the valuation of the assets under sub-section (1) shall
be made by such persons and in such manner as may be prescribed. For the purpose of such valuation the additional assets
which may be created by the grant of such State aid may be taken
into account to such extent as may be prescribed.
16.Loan
how secured:-
Every loan granted to an industry shall be secured by a
mortgage or floating charge upon the whole of the assets of such
industry subject to any encumbrances existing at the time when the
loan is granted, any by such collateral security, if any, as the
State Government may prescribe.
17.Inspection
and return:-.
In any case in which an application for a State aid has been made under this Chapter, the applicant
and, at any time during the continuance of the State Aid, the
grantee shall be bound-
(a)
to comply with any general or special order of the State Government relative to the inspection of the premises, buildings, machinery a stock-in-hand of the
industry;
(b)
to permit the inspection of all account relative to the industry;
(c)
to furnish full returns of all products, manufactured or sold both
as regards description and quantity;
(d)
to maintain such special accounts and to furnish such statement as the State Government may, from time to time, require; and
(e)
to submit the accounts of the industry to such audit as the State Government may prescribe:
Provided
that before requiring any grantee to comply with any of the
requirements of this section, reasonable notice shall be given to
him.
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18.
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If at any time the outstanding balance of the loan granted under this Act is found to exceed the percentage
fixed under section 15, the State Government may either
recover much of such balance as is in excess of such
percentage or accept such additional or collateral security
as it may deem sufficient.
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Power of State Government to so adjust security
during currency of loans.
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19.
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Notwithstanding anything contained in any other
provisions of this Act, in the case of an industry to which
State aid has been given in any form, if the grantee-
(a)
fails to comply with any order under clause (a) of section 17;
(b)
does not permit or obstructs the inspection of the accounts of the
industry.
(c)
makes default in respect of any of the particulars specified in
clauses (c), (d) and (e) of section 17;
(d)
disposes of any profits in contravention of section 24;
(e)
contravenes any rule framed under section 30; or
(f)
commits any breach of any condition laid down for the grant of the
State aid; or
If on inspection of the accounts, returns and
statements or audit report of such industry, the State
Government is of opinion that the State aid should be
withdrawn, the State Government may, after considering any
representation the grantee may make within such time as the
State Government may allow in this behalf, make an order
directing-
(i)
that the balance of any loan outstanding shall be recoverable
forthwith;
(ii)
that the guarantee given in pursuance of clause (b) of section 9 shall
cease from the date of such order;
(iii)
that the full value of the land, if any, given under clause (g) of
section 9 shall be payable forthwith and that on failure to
make such payment the State Government shall be entitled to
re-enter and take possession of the land;
(iv)
that the full value of any other State aid given under clause (g) or
(h) of section 9 and enjoyed till the date of order shall be
payable forthwith and the grant of such State aid beyond
such date shall be discontinued,
(v)
that an amount equal in value to the subsidy given under clause (i) of
section 9 shall be repayable forthwith;
Provided that the State Government may, in lieu of
any action as aforesaid, accept from such grantee such sum
of money as it may deem fit.
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20
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(1) Every loan granted under this Chapter shall be made
repayable by instalments within such period from the date of
the actual advance of the loan, or when the loan is advanced
instalments, from the date of actual payment of the last
instalment, and shall bear interest at such rate and be
payable in such manner as may be fixed by the order granting
the loan.
(2) The period fixed as aforesaid shall not exceed
twenty years unless the State Government, by general or
special order, extends the same.
(3) Notwithstanding anything contained in sub-section
(1), where any sum is received by the State Government from
the Khadi and Village Industries Commission constituted
under the Khadi and Village Industries Commission Act, 1956
(No, 61 of 1956), or any other body corporate for the
purpose of granting interest free loan to small scale
industries, any loan granted by the State Government out of
such sum shall not bear any interest.
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Repayment
of loans.
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21
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The provisions of sections 15, 16 and 18 in respect
of loans shall, subject to any rules made under this Act,
apply so far as may be to the guarantee of debentures issued
to the public, a cash credit and an overdraft or fixed
advance with a bank.
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Guaranteeing of cash credits etc,, with banks.
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22
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The condition of the guarantee of a minimum return
on the whole or part of the capital of any industry shall be
that an amount equal to the sum paid or part thereof as may
be determined by the State Government shall be repaid to the
State Government at the close of such term of years as may
be fixed by the State Government in this behalf, if within
that term the industry be shown to the satisfaction of the
State Government to be paying interest or a dividend upon
the capital invested in such industry in excess of such rate
as the State Government may determine.
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Guarantee of a minimum return on capital.
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23
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(1)
No subsidy for the conduct or research shall exceed forty percent of
the cost thereof and no subsidy for any other purpose shall
exceed fifty per cent of the cost thereof.
(2)
The condition of a grant of subsidy for the purchase of machinery
shall ordinarily be that an amount equal in value thereto,
as may be determined at the time of making the grant, shall
be repaid to the State Government at the close of such term
of years as may be fixed by the State Government in this
behalf, if within that term the industry be shown to the
satisfaction of the State Government to be paying interest
or a dividend upon the capital invested in such industry in
excess of such rate as the State Government may determine.
(3)
The condition of a grant of subsidy for the conduct of research or
grant, on favourable terms, of land, raw material, fuel,
water or any other property or right of the State Government
or the grant, on favourable terms, of the services of
experts the value thereof, as may be determined, at the time
of making the grant or concession, shall be repaid to the
State Government at the close of such term of years as may
be fixed by the State Government in this behalf, if within
that time the industry be shown to the satisfaction of the
State Government to be paying interest or a dividend upon
the capital invested in such industry in excess of such rate
as the State Government may determine.
(4)
Without prejudice to the provisions of sub-section (3), the condition
of a grant of a subsidy for the conduct of a research may
further be that the State Government shall have a share not
exceeding twenty-five percent in the patent rights arising
out of such research.
(5)
State aid granted to any industry shall be discontinued if the
industry be shown to the satisfaction of the State
Government to be paying interest or a dividend upon the
capital invested in such industry in excess of such rate as
the State Government may determine.
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Subsidies.
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24
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(1)
Until the conditions on which the aid has been granted are fulfilled
the profits of the industry in respect of which aid has been
granted shall, if taken or distributed, be taken on
distributed only after interest due on debentures and loans
has been paid and a reasonable amount has been set aside for
depreciation or obsolescence of plant and buildings and
further reasonable amount has been carried to reserve fund
to be utilized in such manner as the State Government may
approve.
(2)
No recipient of State aid shall pay any dividend or distribute or take
any profit in excess of such percentage rate upon the amount
of the capital of the industry as the State Government may,
from time to time fix, until the conditions on which State
aid has been granted are fulfilled;
Provided that the State Government may relax the
provisions of this section in the case of any industry aided
by the grant, on favourable terms, of land, raw material ,
fuel, water, or any other property or right of the State
Government or the grant, free charge or an favourable terms of the service of experts or persons in the
service of the State Government or by the payment of subsidy for the conduct of search.
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Disposal
of profits of when conditions of State aid not fulfilled.
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25
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Notwithstanding anything contained in this chapter,
if in any case the amount or value of the State aid given
there under amount to or exceeds five lakhs of rupees, or the face value of the shares held by the
State exceeds 25 per cent of the authorised share capital,
the State Government shall, and in any other case may, by the appointment of Government
Directors or otherwise take power to ensure such control
over the conduct of the industry as shall suffice in its
opinion to safeguard
its interest.
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Government control of industry aided.
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26.
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(1) If any Director, Managing Agent, Manager,
secretary or other office of any company or other body
corporate to which State
aid has been given, commits a breach of any order passed or
rule made under this Act subject to which such State aid has
been given or of any provision of this Act or any condition
notified under section 14, he shall be liable to a fine
which may extend to one thousand rupees.
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Penalty for breach
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2) No court shall take cognizance of any offence punishable under sub-section(1)
except on a compliant in writing by the
Director.
3) Any
contract made on behalf of a company or other body corporate
in contravention of any condition subject to which State aid
has been given to it shall as against such company or such
body corporate be void; but nothing herein contained shall
prejudice the right of any person affected by such contract
to claim by due process of law, any relief to which he may
be entitled against the person entering into such contract.
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27.
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(1) All moneys recoverable under this Chapter
including any interest chargeable thereon and costs, if any,
incurred, if not paid when they are due may be recovered by
the Collector on a requisition from the Director, from the
person aided and his surety, if any , as if they were
arrears of land revenue.
2) When
any sum due as afore4said is paid to the Director by the
surety or is recovered from his or out of his property by
the Director, the Director shall, on the application of the
surety, so far as possible, recover the sum from the person aided and pay it to the surety.
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Recovery of moneys due under this Chapter.
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28
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(1) Save
as otherwise may be prescribed nothing in sub-section (2) of
section 12 and
sections 16 and 17 shall apply to small scale industries.
(2) The State Government may, by order, direct that
all or any of the powers conferred on it by or under this
Act or rules made there under shall, in relation to small scale industries, be
exercisable by any officer or authority subordinate to it
and when any powers are so delegated, they shall be
exercised subject to such directions as the State Government
may issue from time to time .
(3) Not
withstanding anything contained in any law for the time
being in force, the powers referred to in subsection (2) may
also be delegated by
the State Government in the same manner and to the same
extent as is specified therein to the M.P.Financial
Corporation or a Co-operative Credit Society registered under any law relating to co-operative Societies in force
in any region of the State and when any powers are so delegated, they shall be exercised
subject to such directions as the State .Government may
issue from time to time
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Special provision for small scale indutries
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Chapter
IV-Supplemental
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29.
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(1)The decision of the State Government as to
whether the conditions laid, down in or under any or 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 other made thereunder.
2) No prosecution, suit or other proceedings shall lie
against any servant of the Government or other auhtority
vested with powers under this Act for anything in goods
faith done or intended to be done thereunder.
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Finality of decision of State Government and bar of
suits and proceedings in Civil and Criminal Courts.
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30.
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(1) The State Government may, after previous
publication, make rules consistent with this Act for
carrying out of all
or any of its purposes.
(2) In particular and without prejudice to the
generality of the foregoing power, the State Government may
make rules regulating or determining all or any of the following matters, namely:-
(a) the
manner of election of the members of the Committee referred
to in clause (c) of sub-section (1) section 4, and the
conduct of proceedings of the Committee including the manner in which notice of a meeting shall be given, the fixing of a
quorum and the due record of proceedings;
(b) the
fixing of the period of the guarantee of a minimum return
under section 9;
(c) regulating the conditions subject to which
company shall be formed under section 11;
(d) the manner of making application for State aid
under sub-section (1) of section 12, and the manner of
publishing the notice under sub-section (3) of the said
section;
(e)the manner of ascertaining the net value of the
assets of an industry and the percentage of such value which
may be granted as a loan under section 15;
(f) the nature of the security to be taken and the
condition under which State aid may be given under section
16;
(g) the inspection under section 17 of the
premises, building, 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 guaranteeing by the State Government
debentures issued to the public and of cash credits,
overdrafts or fixed advances with banks under section 21 and
the recognition of banks for this purpose;
(i) the fixing of the period for the repayment of
loans under section 20 and the conditions and date of
repayment of sums paid under the guarantee of a minimum
return under section 22 and of subsidies and grants under
section 23;
(j) the application under section 24 of profits in
the cases in which the conditions of which State aid has
been given have not been fulfilled.
(k) the appointment and functions of Government
directors under section 25 and the prescribing of other
methods of control of
industries to which State aid has been given;
(l) the conditions under which and the security on
which loan may be granted or guarantees of debentures or of
a cash credit, overdraft or fixed advance with a bank given
to the industries specified in section 28.
(m) the recovery of any sum payable under this Act.
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Power to make rules
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31.
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No State aid shall be given by the State Government
to any industry save in accordance with the provisions of
this Act:
Provided that nothing in this Act shall apply to
the power of the state Government to -
a) Start
or conduct an industry for experimental purposes or with a
view to stimulate industrial development or start or conduct
an industry either as a State monopoly or a State managed
unit;
b) assist an industry by agreement to purchase on
business terms the whole or a portion of the product of the
same;
c) assist an industry in connection with industrial
education or training of apprentices;
d) assist an industry by giving free of charge or
on favourable terms the service of Government experts or
other persons in the service of the State Government to
advise, start or supervise any industry for a period not
exceeding one year
(e) acquire land for a company under the provisions
of the Land Acquisition Act, 1894 ( 1 of 1894);
(g) assist a company formed for the purpose of
supplying electricity, gas, water or any other service
likely to prove useful to the general public.
(h) assist
any small-scale industry started or proposed to be started
for the benefit of bona fide craftsmen hereditary artisans,
the educated unemployed or destitute and helpless persons.
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No Sate aid to be given save in accordance with the
provisions of Act.
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31.
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A .Nothwithstanding anything contained in his Act,
where contained in this act, where the State Government is
of opinion that it is necessary or expedient in public
interest so to do, it may, by order, specifying reasons
thereof grant State
Aid to any industry in such forms, and in such manner , to
such extent and subject to such conditions as may be
specified in the order".
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Grant of State Aid in order cases
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32.
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(1) The Central Provinces state Aid to Industries
Act, 1933 (XII of 1933), and the Madhya Bharat state Aid to Industries Act, Samvat
2009 (Act No.12 of 1952), are hereby repealed.
(2) Nothwithstanding the repeal of the acts
specified in sub-section (1), such repeal shall not affect-
(i) the previous operation of the acts so repealed
or anything duly done or suffered thereunder; or
(ii) any
right, privilege, obligation or liability acquired accrued or incurred under the Acts so repealed; or
(iii) any penalty, forfeiture or punishment
incurred accrued of any offence committed against the Acts
so repealed; or
(iv) any investigation, legal proceeding or remedy
in respect of any such right, privilege, obligation,
liability, penalty, forefeiture or punishment as aforesaid;
and any such investigation,
legal proceeding or remedy may be instituted, continued and
enforced and any such penalty, forfeiture and punishment may
be imposed as if this Act had not been passed.
(3) Subject
to the provision of sub-section (23) anything done or any
action taken (including any appointment or delegation made,
notification, order, instruction or direction issued, rule,
regulation, form, bye-law or scheme framed) under the Acts so repealed shall be deemed to have been done or taken under the corresponding provision of this
Act and shall continue to be in force accordingly, unless
and until superseded by anything done or any action taken
under this Act.
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Repeal
& Saving.
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