Regulation, 2007

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

~ 'l'fo ~ ~-33004/99 REGD. NO. D.L-33004/99 <f. 71] No. 71]

EX'IRAORDINARY

'111fll-lJq" 3-011-~ (i) "if ~' &"' 'iimi'fi 19' . 2007 !1mr 30' 19 28 '' · NEW DELHI, MONDAY,. FEBRUARY 19, 2007/MAGHA 30, 1928 ~t· .

549 GI/2007 (I) 2 Tiffi GAZETIE OF INDIA:EXTRAORDrNARY [PART II-SEC. 3(i)] New Delhi, the 19th February, 2007 G.S.R. 9l(E).-ln exercise of the powers conferred under Sub-sections (1) and (3) of Scction27 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956), the Central Government hereby makes the following Regulations further to amend the Khadi and Village Industries Commission Employees (Classification, Control and Appeal) Regula­ tions, 2003, nan1ely :-

1. (1) These Regulations may be called the Khadi and Village lndtLstries Commission Employees (Classification, Control and Appeal) Amendment Regulations, 2007,

(2) Sa~e as otherwise provided in this notification, these Regulations shall come into force and deemed to have been effective from the 14th day of October, 2004.

2. In the Khadi and Village Industries Commission Employees (Classification, Control and Appeal) Aniendment Regulations, 2006, for the opening paragraph, the following shall be substituted, namely :- "In exercise of the powers conferred under Sub-section (3) of Section 27 of the Khadi and Village Industries Commission Ac~ 1956 (61 of 1956), the Central Government, hereby makes thcfollowing regulations to amend the Khadi and Village Industries Commission Employees (Classification, Control and Appeal) Regulations, 2003, namely:-" . I 3.1.iJ. the Khadi and Village l.iJ.dustries Commission Employees (Ciassification, Control and Appeal)Regulations, (i)· regulation 18, and the entries thereto shall be omitted.

(ii) in regulation 19, the words aBdletters "subject to the provisions of regulation 18" shall be omitted. &planat..-y Mtmorandum SESH KUMAR PULIPAKA, Jt. Secy.

1. The Khadi and Village l.iJ.dustries Commission was dissolved on 14th October, 2004, under notification number 1120(E), dated the 14th .October. 2004, in order to facilitate revamping of the Commission.

2. During the period of dissolution of the Commission, the authorities for exercising disciplinary and appellate powers were required to be specified in the Schedule to·the Khadi and Village l.iJ.dustries Commission Employees (Oassifi­ cation, Control and Appeal) Regulations, 2003, as the offices of the (:hairman and the Commission hither-to-fore exercising these powers, were no longer in existence. It had, therefore, become pertinent to specify the disciplinary and appellate authorities in the said Schedule, for the interim period i.e., the period between the date of dissolution of the Commission on 14th October, 2004, till itsre-<:onstitutionon 19th July, 2006. Hence, the amendments in the table to the Schedule for the said period have been given effect retrospectively from 14th October, 2004. The KVIC Employees (CCA) Regulations were amended under Notification No.

G.S.R. 549 (E) dated 12th September, 2006.

3. l.iJ.advertently an error has crept in the opening Para of the Notification dated 12-9-2006, where it has been mentioned that "in exercise of the powers conferred under Sub-section (I) of the Section 27 of the Khadi and Village Industries Conqnission Act, 1956 (61 of 1956) the Commission, with the previous sanction of the Central Government, hereby makes lhe fol\o;;;,g Regulations to ameud the Khadi and Village l.iJ.dustries Commission Employees (Classification, Control and Appeal) Regulations, 2003, namely-" It may be stated that though the action to altend the KVIC Employees (CCA) Regulations, 2003 was initiated during the period of dissolution of lhe Conun.i);sion between 14-10-2004 and 19' 7-2006, lhe Notification amending lhe KVIC Employees (CCA) Regulations, 2003 _could be issued ouly oo 12-9-2006 after observing all formalities including obtaining the "Pl"oval from the Department of Legislative Affairs. Since the notification was made by the Government in the Ministry of Agro and Rural Industries, !he words, ''the Commission with the previous sanction of the Central Government, hereby makes the following regulations to amend the Khadi and Village l.iJ.dustrie8 Cormnission Employees (Classification, Control and Appeal) Regulations, 2003 namely" may be amended tO delete the words "lhe Commission with lhe previous sanction of the Central Governmenf' as during lhe perioo of dissolution of the Commission, the Office of the Commission was non-existent Hpnce it is proposed to amend the Khadi and Village l.iJ.dus­ tries Commission Employees (Classification, Control and Appeal) Regulations, 2003.

4. As the amended KVIC Employees Regulations, 2003 provide for Minister for Agro and Rurall.iJ.dustries as the Appellate Authority for all penalties for tlie posts specified in the said Regulations, it has become necessary to delete Regulation 18 and entries relating thereto in Part VII of the said Regulations. Consequently, the entry ·~subject to Regula" tion 18" in Regulation 19 shall also be omitted. Since the amendment to lhe Schedule to KVIC CCA Regulations, 2003 was given retrospective effect with effect from 141h October, 2004, the deletion of Regulation 18 in Part VII of the said Regula­ tions and reference to Regulation 18 in Regulation 19 also has been given effect retrospectively from 14-10-2004.

5. It is certified that no person will be prejudicially affected with the retrospective effect being given to this notification.

Note: The Principal regulations were published in lhe Gazette of l.iJ.dia vide notification No.

G.S.R. 433(E), dated the 27thMay,2003 aud ameudedvide Notificati.;.,_ No.

G.S.R. 549(E), dated 12th September, 2006. . . Printed by lhe Manager, Govt of· India Press, Ring Road. Mayapurl, New Delhi-110064 and Published by the Controller of Publ~tions, DeJhi-110054. ·

Provisions this regulation answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Khadi and Village Industries Commission Act, 1956