West Bengal Minorities Development And Finance Corporation Act, 1995
No: 18 Dated: Oct, 10 1995
THE WEST BENGAL MINORITIES DEVELOPMENT AND FINANCE CORPORATION ACT, 1995
West Bengal Act XVIII of 1995
An Act to establish a Minorities Development and Finance. Corporation in West Bengal.
Whereas it is expedient to provide for the establishment of a Minorities Development and Finance Corporation in West Bengal;
It is hereby enacted as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Minorities Development and Finance Corporation Act, 1995.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "the Corporation" means the West Bengal Minorities Development and Finance Corporation established under section 3;
(b) "minorities" means the minorities based on religion such as Muslims, Christians, Sikhs, Buddhists, Zorestians (Parsis), Jains and Jews and such other minorities within the purview of article 29 of the Constitution of India as the State Government may, by notification, specify from time to time;
(c) "minority occupation" means a traditional occupation followed by the minorities;
(d) "notification" means a notification published in the Official Gazette-,
(e) "prescribed" means prescribed by rules made under this Act.
3. Incorporation. - (1) The State Government may, by notification, establish a Corporation to be known as the West Bengal Minorities Development and Finance Corporation.
(2) The Corporation shall be a body corporate by the name notified under sub-section (1), having perpetual succession and a common seal, and shall by the said name sue and be sued.
4. Constitution of the Corporation. - (1) The Corporation shall consist of the following members, namely:-
(a) a Chairperson, who shall be a person of public eminence, to be nominated by the State Government];
(b) the Secretary, Department of Rural Development, Government of West Bengal, ex officio;
(c) the Secretary, Department of Municipal Affairs, Government of West Bengal, ex officio;
(d) the Secretary, Department of Cottage and Small Scale Industries, Government of West Bengal, ex officio;
(e) the Secretary, Minorities’ Development and Welfare Department, Government of West Bengal, ex officio;]
(f) the Managing Director of the Corporation;
(g) the Managing Director, West Bengal Finance Corporation, ex officio;
(h) such number of other members, not exceeding five, as the State Government may, by notification, appoint.
(2) The State Government shall appoint, if it thinks fit, one of the members as the Vice-Chairperson of the Corporation.
(3) In the event of the capital of the Corporation being raised by the issue of shares to the members of the public, provision shall be made by rules made under this Act for the representation of such share-holders in the Corporation and the manner in which the representatives shall be elected by such share-holders.
(4) The term of office, and the manner of filling casual vacancies in the offices, of the members of the Corporation shall be such be such as may be prescribed.
5. Disqualifications for membership. - A person shall be disqualified for being chosen as, and for being, a member of the Corporation-
(a) if he is a lunatic or a person of unsound mind, or
(b) if he has been adjudged insolvent, or
(c) if he has been convicted of an offence involving moral turpitude, or
(d) if he has directly or indirectly any interest in any subsisting contract made with, or in any work being done for, the Corporation except as a share-holder (other than a Director) in an incorporated company, provided that where he is a share-holder, he shall disclose to the State Government the nature and extent of the shares held by him in such company, or
(e) if he has any financial interest in any work undertaken by the Corporation for execution.
6. Validity of acts and proceedings. - No act or proceeding of the Corporation shall be invalid by reason only of the existence or any vacancy amongst its members of any defect in the constitution thereof.
7. Transaction of business. - (1) The Corporation shall meet at such time and place and shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations made under this Act.
(2) The person to preside at a meeting of the Corporation shall be the Chairperson thereof or, in his absence from any meeting, the Vice-Chair-person, if any, or, in the absence of both the Chairperson and the Vice-Chairperson, such member as may be chosen by the members present from amongst themselves.
(3) All questions at a meeting of the Corporation shall be decided by majority of votes of the members present and voting and, in the case of equality of votes, the Chairperson or, in his absence, any other person presiding shall have a second or casting vote.