{ "schema_version": "qanun-law-text/1", "id": "punjab-code-df3cf7889f0d591f", "title": "PUNJAB STATE AID TO INDUSTRIES ACT, 1935", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/AzYCNAo1V2Q-", "version": null, "source_snapshot": "2026-08-06T17:00:52Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "51f8da53f8ba2a3a9e6c2b98086ea9b4528753f360c3a2ba8bbd084b006074a5", "source_sha256": "51f8da53f8ba2a3a9e6c2b98086ea9b4528753f360c3a2ba8bbd084b006074a5", "text_version_id": "law:punjab-code-df3cf7889f0d591f:sha256:51f8da53f8ba2a3a9e6c2b98086ea9b4528753f360c3a2ba8bbd084b006074a5", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB STATE AID TO INDUSTRIES ACT, 1935 \r\n(V of 1935) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\nCHAPTER II \r\n3. Establishment of a Board of Industries. \r\n4. [Omitted] \r\n5. Vice-Chairman. \r\n6. Elections and appointments to be notified in Official Gazette. \r\n7. Term of office. \r\n8. Removal of members. \r\n9. Casual vacancies. \r\n10. Allowances and fees. \r\n11. President at meetings. \r\n12. Interested members not to vote. \r\n13. Power of Board to make regulations. \r\n14. Supersession of Board. \r\n15. Duty of Board. \r\n16. Documents and reports to be furnished to the Provincial Government. \r\nCHAPTER III \r\nGENERAL PROVISIONS REGARDING THE GIVING OF STATE AID \r\n17. Forms of State aid. \r\n18. Industries to which several forms of State aid may be given. \r\n19. Application for State Aid. \r\n \r\nCHAPTER IV \r\nPROVISIONS REGULATING THE GIVING OF STATE AID \r\nOTHERWISE THAN BY THE SUPPLY OF MACHINERY \r\nON THE HIRE-PURCHASE SYSTEM \r\n20. Power to grant loans. \r\n21. Security for repayment. \r\n22. Loan how repayable. \r\n23. Notice to pay. \r\n24. Effect of declaration. \r\n25. Execution of declaration. \r\n26. Inspection and returns. \r\n27. Penalty for default in applying the loan. \r\n28. Power to adjust security during currency of loan. \r\n29. Power to recovery loans. \r\n30. Appeal. \r\n31. Government guarantee of a minimum return. \r\n32. Subsidies. \r\n33. Disposal of profits when conditions on which State aid is given are not \r\nfulfilled. \r\n34. Government control of aided industry. \r\n35. Method of recovery of money due. \r\nCHAPTER V \r\nSUPPLY OF MACHINERY ON HIRE-PURCHASE SYSTEM \r\n36. Percentages of cost to be deposited by hirer. \r\n37. Particulars to be specified in order when application is allowed. \r\n38. Conditions of supply of machinery on hire-purchase system. \r\n39. Consequences of default by hirer. \r\n40. Option of hirer to purchase machinery seized for default. \r\n41. Liability of hirer on termination of hiring under sections 24 and 25. \r\n42. Termination of hiring on payment of cost of machinery. \r\n43. Penalty for non-removal of metal plate from machinery. \r\n44. Sums due under this recoverable as loans under Chapter IV. \r\nCHAPTER VI \r\nSUPPLEMENTAL \r\n45. Finality of decision of Prov incial Government and bar of suits and \r\nproceedings in Civil and Criminal Courts. \r\n46. Power to make rules. \r\n47. Repeal. \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB STATE AID TO INDUSTRIES ACT, 1935 \r\n(V of 1935) \r\n[31st January, 1935] \r\nAn \r\nAct \r\nto encourage the development of industries in the Punjab by the grant of State aid. \r\nPreamble.– WHEREAS it is expedient further to improve and regulate the giving of \r\nState aid for industrial purposes; \r\n AND WHE REAS the previous sancti on of the Governor-General required \r\nunder sub -section (3) of section 80 -A of the Government of India Act and the \r\nprevious sanction of the Governor required under section 80 -C of the said Act have \r\nbeen obtained: \r\n It is hereby enacted as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPunjab State Aid to Industries Act, 1935. \r\n (2) It extends to the Punjab. \r\n (3) It shall come into force on such date as the \r\n2\r\n[Provincial Government] \r\nmay by notification, appoint in this behalf. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext– \r\n(1) “Board” means the Board of Industries constituted under section 3 of \r\nthis Act. \r\n(2) “Borrower” means an individual, company or association or bod y o f \r\nindividuals, whether incorporated or not, to whom or to which State aid \r\nhas been granted under this Act. \r\n(3) “Company” means a company as defined in the \r\n3\r\n[*] Companies \r\n \r\n1\r\nThis Act received the assent of the Governor of the Punjab on December 7, 1935; that of the Governor -General on January \r\n19, 1936; published in the Punjab Gazette (Extraordinary), d ated January 25, 1936. For Statement of Objects and Reasons, \r\nsee Punjab Gazette, 1935, Extraordinary, p. 54; for Report of the Select Committee, see Punjab Gazette, 1935, Part V, p p. 31-\r\n33; for Proceedings in Council, see Punjab Legislative Council Debates, Volume XXVII, pp. 42-59, 922-939, 971-1003, 1233-\r\n1238. This Act came into force on March 7, 1936, vide Punjab Government Notification Nos. 1021-1 and L -1936/7815, dated \r\nMarch 6, 1936. \r\n2\r\nSubstituted for the words “Local Government” by the Government of Ind ia (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n3\r\nOmitted the word “Indian” by the Punjab Laws (A daptation, Revision and Rep eal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\nAct, 1913\r\n1\r\n. \r\n(4) “Director” means the Director of Industries, \r\n2\r\n[*]. \r\n(5) “Industry” means any industrial business or enterprise conducted or \r\nundertaken either by an individual or by a company, association or \r\nbody of individuals, whether incorporated or not. \r\n \r\n3\r\n[(6) “cottage industry” means any industry carried on by a worker in his \r\nhome an d i ncludes dairy farming, bee -keeping, lac -making and \r\nkeeping a poultry farm. \r\n(7) “village industry” means any industry which forms the normal \r\noccupation, whether whole time or part -time, of any class of the rural \r\npopulation of the Province.] \r\n \r\n4\r\n[(8)] “Machinery” includes plant, apparatus, tools and other appliances \r\nrequired for the purpose of carrying on any industrial operation or \r\nprocess. \r\n \r\n5\r\n[(9)] “Prescribed” means prescribed by rules made under this Act. \r\nCHAPTER II \r\n3. Establishment of a Board of In dustries.– (1) For carrying out the purposes \r\nof this Act, the \r\n6\r\n[Provincial Government] shall, as soon as possible, after the \r\ncommencement of this Act, establish a Board to be called the “Board of Industries” \r\nconsisting of the following members, namely:– \r\n(a) Minister in charge of Industries, \r\n7\r\n[*]; \r\n(b) the Director of Industries, \r\n8\r\n[*]; \r\n(c) four members to be appointed by the \r\n9\r\n[Provincial Government], one of \r\nwhom shall be a banking expert; \r\n1\r\n[(d) five members to be appointed by the Prov incial Government from \r\namong the residents of the Punjab as it existed before the coming into \r\nbeing of the Province of West Pakistan] \r\n2\r\n[; and] \r\n \r\n1\r\nVII of 1913. \r\n2\r\nOmitted the word “Punjab” by the West Pakistan (Adaptation and Repea l of Laws) Act, 1957 (XVI o f 1957), published in the \r\nGazette of West Pakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3 read with Schedule III. \r\n3\r\nInserted by the Punjab State Aid to Industries (Amendment) Act, 1940 (III of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated April 04, 1940, pp. 246-247, s. 2(1). \r\n4\r\nRenumbered by the Act ibid., s. 2(2). \r\n5\r\nIbid. \r\n6\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n7\r\nOmitted the word “Punjab” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the \r\nGazette of West Pakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3 read with Schedule III. \r\n8\r\nIbid. \r\n9\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n \r\n3\r\n[(e) three members to be nominated as representatives of such Chambers \r\nas may be recognised by the Provincial Government for this purpose:] \r\n Provided that the Board shall have power to invite, for consultation on any \r\nparticular question before it, not more than three persons specially qualified to advise \r\non the matter in question or having special knowledge of local conditions in the area \r\nwhere the industry in question is situate. \r\n And provided further that at any meeting of the Board the Minister shall have \r\npower to invite any person for consultation on any particular question. \r\n Any person so invited whether by the Bo ard or by the Minister shall not have \r\nthe right to vote. \r\n (2) The Minister in charge of Industries shall be ex-officio Chairman and \r\nthe Director shall be ex-officio Secretary of the Board. \r\n (3) Five members of the Board shall form a quorum. \r\n4\r\n[4.\r\n5\r\n[* * * * * * * * * * ]] \r\n5. Vice-Chairman.– The Board may from time to time elect, for such period as it \r\nthinks fit, one of its members to be Vice-Chairman. \r\n6. Elections an d appointments to be notified in \r\n6\r\n[Official Gazette].– The \r\nnames of the Vice-Chairman and of the appointed \r\n7\r\n[* *] members of the Board shall be \r\npublished by the \r\n8\r\n[Provincial Government] in the \r\n9\r\n[Official Gazette]. \r\n7. Term of office .– (1) The Vice -Chairman or any other appointed or elected \r\nmember may resign his office by giving notice in writing to the Chairman. \r\n (2)(a) Subject t o the provisions of this Act an appointed member shall hold \r\noffice for \r\n10\r\n[five] years unless the \r\n1\r\n[Provincial Government] otherwise directs; and an \r\n \r\n1\r\nSubstituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West \r\nPakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3 read with Schedule III. \r\n2\r\nSubstituted for the full stop by the Punjab State Aid to Industries (Amendment) Act, 1951 (VI of 1951), published in the Punjab \r\nGazette (Extraordinary), dated January 26, 1951, s. 2(i). \r\n3\r\nSubstituted clauses (e), (f) and (g) by the Act ibid., s. 2(ii). \r\n4\r\nSubstituted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette \r\n(Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n5\r\nOmitted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West \r\nPakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3 read with Schedule III. \r\n6\r\nSubstituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n7\r\nOmitted the words “and elected” by the Punjab Stat e Aid to Industries (Amendm ent) Ordinance, 1985 (XX of 1985), (w.e.f. \r\n23.2.1985), published in the Gazette of Punjab (Extraordinary), s. 2. \r\n8\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n9\r\nSubstituted for the words “Punjab Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n10\r\nSubstituted for the word “three” by the Punjab State Aid to Industries (Amendment) Act, 1938 (VI of 1938), published in the \r\nGovernment Gazette (Extraordinary), Punjab, dated November 28, 1938, p. 157, s. 2. \r\nelected member shall hold office for \r\n2\r\n[five] years or until such time as he ceas es to \r\nbe a member of the body electing him, whichever is shorter. \r\n \r\n3\r\n[Provided that in the case of members elected under the provisions of section \r\n3 by bodies other than the Punjab Legislative Assembl y, the term of membership \r\nshall in any case, terminate automatically on the dissolution of the Punjab Legislative \r\nAssembly.] \r\n(b) An outgoing member may, if otherwise qualified, be re -elected or re -\r\nappointed. \r\n (3) Notwithstanding the expiration of the term mentioned in sub -section \r\n(2), an appointed or elected memb er shall continue t o hold office until the vacancy \r\ncaused by the expiration of the said term has been filled, provided that no vacancy \r\nshall be allowed to remain unfilled for more than six months. \r\n8. Removal of members .– (1) The \r\n4\r\n[Provincial Government] may, by \r\nnotification, remove the Vice-Chairman or any member of a Board if he– \r\n(a) refuses to act or becomes incapable of acting as a member of the \r\nBoard; \r\n(b) is declared insolvent; \r\n(c) is convicted of any such offence or is subjected by a criminal court to \r\nany such order as in the opinion of the \r\n5\r\n[Provincial Government] implies \r\na defect of character which unfits him to continue to be a Vice -\r\nChairman or member of the Board; provided that before the \r\n6\r\n[Provincial \r\nGovernment] notifies the removal of a member und er this sub -section, \r\nthe reason for his proposed removal shall be communicated to the \r\nmember concerned and he shall be given an opportunity of tendering \r\nan explanation in writing; \r\n(d) without excuse sufficient in the opinion of the \r\n7\r\n[Provincial Government], \r\nis absent, withou t the consent of the Board, from more than four \r\nconsecutive meetings of the Board. \r\n (2) The \r\n8\r\n[Provincial Government] may fix a period during which any person \r\nso removed under clause (b) or (c) of sub -section (1) of this section shall not be \r\neligible for re-appointment or re-election. \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2\r\nSubstituted for the word “three” by the Punjab State Aid to Industries (Amendment) Act, 1938 (VI of 1938), published in the \r\nGovernment Gazette (Extraordinary), Punjab, dated November 28, 1938, p. 157, s. 2. \r\n3\r\nAdded by the Act ibid. \r\n4\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n5\r\nIbid. \r\n6\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n7\r\nIbid. \r\n8\r\nIbid. \r\n9. Casual vacancies .– When the place of an appointed \r\n1\r\n[* * ] member of a \r\nBoard becomes vacant by his removal, resignation or death, a new member shall be \r\nappointed \r\n2\r\n[* *] in the manner provided in section 3: \r\n3\r\n[ * * * * * * * * * ] \r\n Provided \r\n4\r\n[*] that any person so appointed, elected or nominated under this \r\nsection shall be subject to retirement at the same time as if he had become a \r\nmember of the Board on the day on which the member of the Board in whose plac e \r\nhe is appointed , elec ted or nominate d was last appointed, elected or nominated a \r\nmember of the Board. \r\n Provided further that no act of the Board or of its officers shall be deemed to \r\nbe invalid by reason only that the number of members of the Board at the time of the \r\nperformance of such act was less than the number provided by section 3. \r\n10. Allowances and fees .– The members of the Board and the members of \r\nCommittees, which may be appointed by the Board when necessary, shall be paid \r\ntravelling allowances of the prescribe d amount and on the prescribed conditions for \r\nattending meetings of the Board, or for performing any duty assigned to them by the \r\nBoard for the purposes of this Act. \r\n11. President at meetings .– (1) The Chairman or in his absence the Vice -\r\nChairman shall pre side at every meeting of the Board, and shall have a second or \r\ncasting vote in all cases of equality of votes. \r\n (2) In the absence of both the Chairman and the Vice -Chairman the \r\nmembers present at any meeting may elect one of their numbers to preside, who \r\nshall have a second or casting vote in all cases of equality of votes. \r\n12. Interested members not to vote .– No member of the Board shall vote on \r\nany question coming before the Board for consideration in which (otherwise than in \r\nits general application to a ll per sons and properties within the province) he has a \r\npecuniary interest. \r\nExplanation.– In case of any question arising whether a member has or has not a \r\npecuniary interest, the decision of the Chairman shall be final. \r\n13. Power of Board to make regulations.– (1) The Board may make regulations \r\nconsistent with this Act and the rules thereunder for the carrying of all or any of its \r\npurposes. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower, the Board may make regulations regulating or determining all or any of the \r\nfollowing matters, namely:– \r\n \r\n1\r\nOmitted the words “or elected” by the Punjab State Aid to Industries (Amendment) Ordinance, 1985 (XX of 1985), (w.e.f. \r\n23.2.1985), published in the Gazette of Punjab (Extraordinary), s. 2. \r\n2\r\nOmitted the words “and elected” by the Ordinance ibid. \r\n3\r\nOmitted the first proviso by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the \r\nGazette of West Pakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3 read with Schedule III. \r\n4\r\nOmitted the word “further” by the Act ibid. \r\n(i) the time and place of its meetings; \r\n(ii) the manner in which notice of meeting shall be given; \r\n(iii) the conduct of proceedings at meetings; \r\n(iv) the division of duties among the members of the Board; and \r\n(v) the appointment, duties and procedure of special Committees \r\nconsisting wholly of members of the Board of partly of such members \r\nand partly of other persons. \r\n14. Supersession of Board. – (1) If at any time it appears to the \r\n1\r\n[Provincial \r\nGovernment] that the Board is not properly performing the duties imposed upon it by \r\nor under this Act, the \r\n2\r\n[Provincial Government] may, after considering any \r\nexplanation offered by the Board, by an order in writing specifying the reas ons for so \r\ndoing, dissolve the Board and direct that the vacancies shall thereupon be filled by \r\nelection in respect of elected members and by appointment in respect of appointed \r\nmembers in the manner indicated above. \r\n (2) From the date of an order under s ub-section (1) until the vacancies are \r\nfilled, all powers and duties of the Board shall be exercised and performed by such \r\nperson in such manner as the \r\n3\r\n[Provincial Government] may direct. \r\n15. Duty of Board.– It shall be the duty of the Board– \r\n(a) to report to the \r\n4\r\n[Provincial Government], after such enquiry, if any, as it \r\ndeems necessary or as may be required by this Act, on application s for \r\nState aid that may be referred to it for advice by the \r\n5\r\n[Provincial \r\nGovernment]; \r\n(b) to advise the \r\n6\r\n[Provincial Government] on any m atters that may be \r\nreferred to it: \r\n Provided that the \r\n7\r\n[Provincial Government] shall not sanction State aid without \r\nreference to the Board except in the case of a loan the amount of which does not \r\nexceed Rs. 5,000. \r\n16. Documents and reports to be furnished to the \r\n8\r\n[Provincial Government].– \r\nIf the \r\n9\r\n[Provincial Government] so directs, the Secretary shall forward to the \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2\r\nIbid. \r\n3\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n4\r\nIbid. \r\n5\r\nIbid. \r\n6\r\nIbid. \r\n7\r\nIbid. \r\n8\r\nIbid. \r\n9\r\nIbid. \r\n1\r\n[Provincial Government] any document and prepare and submit any report relating \r\nto the work of the Board. \r\nCHAPTER III \r\nGENERAL PROVISIONS REGARDING THE GIVING OF STATE AID \r\n17. Forms of State aid.– The forms of State aid which may be given may include \r\nthe following, namely:– \r\n(a) the grant of a loan; \r\n(b) the grant, sale or lease of land, raw material, firewood, water or any \r\nother property \r\n2\r\n[vested in \r\n3\r\n[the Provincial Government]]; \r\n \r\n4\r\n[(c) the payment of a subsidy, in the case of a cottage industry or village \r\nindustry for any purpose; and in the case of any other industry for the \r\nconduct of research or the purchase of machinery;] \r\n(d) the supply of machinery on the hire-purchase system; \r\n(e) the guarantee of a minimum return on the whole or part of the capital of \r\na joint stock company invested in an industry. \r\n18. Industries to which several forms of State aid may be given .– State aid \r\nmay be given to– \r\n(a) a new or nascent industry; \r\n(b) an industry to be newly established in an area where such industries \r\nare undeveloped; \r\n(c) a cottage industry \r\n5\r\n[or village industry]; or \r\n(d) an industry which needs revival, or development by modern methods. \r\n19. Application for State Aid.– Applications for State aid shall be made to the \r\nDirector in such form, and shall contain such information, as may be prescribed. \r\nCHAPTER IV \r\nPROVISIONS REGULATING THE GIVING OF STATE AID \r\nOTHERWISE THAN BY THE SUPPLY OF MACHINERY ON THE HIRE-\r\nPURCHASE SYSTEM \r\n20. Power to grant loans .– Loans granted under this chapter shall be subject to \r\nthe sanction of the \r\n6\r\n[Provincial Government] given after consultation with the Finance \r\n \r\n1\r\nIbid. \r\n2\r\nSubstituted by the Order ibid., Article 3 read with Schedule. \r\n3\r\nSubstituted for the words “His Majesty for the purposes of the Province” by th e West Pakistan Laws (Adaptation) Order, 1964, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2(1) read with Schedule. \r\n4\r\nSubstituted by the Punjab State Aid to Industries (Amendment) Act, 1940 (III of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated April 04, 1940, pp. 246-247, s. 3. \r\n5\r\nInserted by the Act ibid., s. 3-A. \r\n6\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\nDepartment, provided that in regard to loans not exceedin g a prescribed amount, the \r\n1\r\n[Provincial Government] may make rules delegating their powers to such authority \r\nor officer as they deem fit. \r\n21. Security for repayment .– (1) When an application for a loan has been \r\naccepted, the applicant shall execute a deed in the prescrib ed form undertaking to \r\napply the money lent to the purpose or purposes for which and to fulfill the conditions \r\non which the loan was granted, and rendering himself and such property as may \r\nhave been specified in the deed as security, and , in the event of t hat property being \r\nfound insufficient, the whole of his property liable for the repayment of the loan with \r\ninterest and costs, if any, incurred in making or recovering the loan. \r\n (2) When the application has been made by a firm or company th e deed \r\nshall be executed by a duly authorised representative thereof, and the deed shall \r\nthereupon be deemed binding on the said firm or company and the property of the \r\nsaid firm or company shall be liable for the repayment of the loan in the same \r\nmanner as if the loan had been granted to an individual. \r\n22. Loan how repayable.– The loan together with all interest due thereon, if any, \r\nshall be repayable either in a lump sum or by installments as may be provided for in \r\nthe deed executed by the borrower under section 21. \r\n23. Notice to pay.– (1) When any loan or installment or interest thereon falls due \r\nand is not paid on or before the due date or when a loan has been declared \r\nimmediately repayable under section 27, the officer empowered by the \r\n2\r\n[Provincial \r\nGovernment] in this behalf may cause to be served on the borrower a notice in the \r\nprescribed manner calling upon him to pay the sums due within such time as may be \r\nfixed therein. \r\n (2) Such notice shall contain an intimation that in case of default the said \r\nofficer will issue a declaration in the prescribed form showing the amount of the debt \r\ndue and the property mentioned in the deed as liable to satisfy the same. \r\n24. Effect of declaration .– (1) If within the time so fixed the sums due are not \r\npaid, the officer empowered under section 23 may issue the declaration as described \r\nin sub-section (2) of the same section, and such declaration shall be published in the \r\n3\r\n[Official Gazette]. \r\n (2) Such declaration shall be conclusive evidence of its contents, and shall \r\nnot be called into question in any court by the borrower, his heirs, legal \r\nrepresentatives or assigns \r\n4\r\n[or by any member of his family if he belongs to a joint \r\nHindu family] \r\n5\r\n[nor shall any right, principle or rule arising from or under the personal \r\nor customa ry law applica ble to the said persons or any of them, nor anything \r\n \r\n1\r\nIbid. \r\n2\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n3\r\nSubstituted for the word “Gazette” by the Order ibid. \r\n4\r\nInserted by the Punjab State Aid to Industries (Amendment) Act, 1940 (III of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated April 04, 1940, pp. 246-247, s. 4(a). \r\n5\r\nIbid., s. 4(b). \r\ncontained in the Punjab Alienation of Land Act, 1900, affect the validity or \r\neffectiveness of a mortgage executed or of a declaration published under this Act, or \r\nthe procedure therein provided for enforcement thereof.] \r\n (3) Such declaration may be produced by the said officer, or by such other \r\nperson as he may either generally or specially appoint in this behalf before the \r\nprincipal civil court of original jurisdiction, within the local limi ts of whose j urisdiction \r\nany of the property liable for the debt due is situate in the same manner as a decree \r\nof which execution is sought. \r\n25. Execution of declaration.– When a declaration has been received by a civil \r\ncourt under section 24, the court sh all immediately attach the property mentioned in \r\nthe declaration and shall pass an order directing that, unless the amount mentioned \r\nin the decla ration is paid within such time not exceeding two months as the court \r\nmay consider reasonable, it may be recove red by sale o f the property mentioned in \r\nthe declaration as if it were a decree for the payment of money passed by the said \r\ncourt in the exercise of its ordinary civil jurisdiction. \r\n26. Inspection and returns .– In any case in which an application for a loa n has \r\nbeen made under this Chapter the applicant, and at any time during the currency of \r\na loan that has been granted the borrower, shall be bound– \r\n(a) to comply with any general or special order of the Director relating to \r\nthe inspection of the premises, buildings, machinery and stock-in-hand \r\nof the industry; \r\n(b) to permit the inspection of all accounts relative to the industry; \r\n(c) to furnish full returns of all products manufactured or sold, both as \r\nregards description and quantity; \r\n(d) to maintain such special accou nts an d to furnish such statements as \r\nthe Director may from time to time require; and \r\n(e) to submit the accounts of the industry to such audit as the Director may \r\nprescribe. \r\n27. Penalty for default in applying the loan .– If the Director, after any \r\ninspection pro vided for in section 26, is not satisfied that the money lent is being \r\napplied to the purpose or purposes for which the loan was granted or that the \r\nconditions on which the loan was granted are being duly fulfilled, he may declare, \r\nnotwithstanding anything contained in the deed executed under section 21 that the \r\nloan is immediately repayable and shall give notice of such declaration to the \r\nborrower. \r\n28. Power to adjust security during currency of loan.– If at any time during the \r\ncurrency of the loan, the value of the security falls below the outstanding balance of \r\nthe loan, the Director may either proceed to recover in the manner laid down in \r\nsections 23, 24 and 25 so much of such balance as is not adequately covered by the \r\nthen existing v alue of the s ecurity or accept such additional or collateral security as \r\nhe may deem sufficient. \r\n29. Power to recovery loans.– If the borrower fails to comply with any order under \r\nclause (a) of section 26 or does not permit or obstructs the inspection of the accounts \r\nrelative to the industry or makes default in respect of any of the particulars specified in \r\nclauses (c), (d) and (e) of the said section or if the borrower disposes of any profits in \r\ncontravention of the provisions of section 33 the Director ma y, after considering any \r\nrepresentation the borrower may make within such time as the \r\n1\r\n[Provincial \r\nGovernment] may allow in this behalf, proceed to recover the loan in the manner laid \r\ndown in sections 23, 24 and 25. \r\n30. Appeal.– Within 15 days of the recei pt of a notice under section 27, 28 or 29, \r\nthe borrower may appeal against such order to the \r\n2\r\n[Provincial Government] and the \r\ndecision of the \r\n3\r\n[Provincial Government] thereon shall be final: \r\n \r\n4\r\n[Provided that no order under this section shall be passed unles s an \r\nopportunity of being heard is provided to the person to be affected thereby.] \r\n31. Government guarantee of a minimum return .– The conditions of a \r\nguarantee by the \r\n5\r\n[Provincial Government] of a minimum return on the whole or part \r\nof the capital of a joint stock company shall be– \r\n(a) that the industry shall be subject to the conditions of section 26 in \r\nrespect of inspection, returns and accounts; \r\n(b) that a minimum portion of the authorized capital of the industry to be \r\nfixed according to the circumstance s of each ca se has been \r\nsubscribed and paid in cash; \r\n(c) that no such guarantee shall in any case extend beyond a period of 5 \r\nyears; \r\n(d) that during the period to which the guarantee extends, the \r\n6\r\n[Provincial \r\nGovernment] may impose on such persons as it co nsiders to b e \r\ndirectly concerned in the promotion of the company, a condition that if \r\nthey transfer any of their shares without the consent of the \r\n7\r\n[Provincial \r\nGovernment], they shall be liable jointly and severally to refund to the \r\n8\r\n[Provincial Government] any sums paid to the company in fulfillment of \r\nthe guarantee; \r\n(e) that the \r\n9\r\n[Provincial Government] shall be entitled to recover the whole \r\nor any part of the sum paid by the \r\n1\r\n[Provincial Government] on account \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2\r\nIbid. \r\n3\r\nIbid. \r\n4\r\nAdded by the Punjab State Aid to Industries (Amendment) Ordinance, 1985 (XX of 1985), (w.e.f. 23.2.1985), published in the \r\nGazette of Punjab (Extraordinary), s.3. \r\n5\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n6\r\nIbid. \r\n7\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n8\r\nIbid. \r\n9\r\nIbid. \r\nof such guarantee with interest at the rate in force on the date of the \r\nagreement for loans granted under the Land Improvement Loans Act, \r\n1883\r\n2\r\n, at any time after such period as may have been laid down in the \r\nagreement, provided that the \r\n3\r\n[Provincial Government] is satisfied that \r\nthe company is paying or is able to pay interest or a dividend upon the \r\ncapital shown as paid up in excess of such rate as may be fixed in the \r\nagreement and such recovery shall be made in the manner laid down \r\nin sections 23, 24 and 25: \r\n Provided that the sum recoverable by t he \r\n4\r\n[Provincial Government] in \r\nany one year shall not exceed a sum equal to half the net profits made by the \r\ncompany in the preceding year in excess of the sum required for the payment \r\nof interest or dividend at the rate fixed in the agreement. \r\n5\r\n[32. Subsidies.– A su bsidy to a cottage industry or a village industry for any \r\npurpose and a subsidy to any other industry for the conduct of research or for \r\npurchase of machinery may be granted by the Provincial Government on such \r\nconditions as may be prescribed in this behalf.] \r\n33. Disposal of profits when conditions on which State aid is given are not \r\nfulfilled.– No borrower shall pay any dividend or distribute or take any profits in \r\nexcess of such percentage rate upon the amount of the capital of the industry as the \r\n6\r\n[Provincial Government] may from time to time fix, until the conditions on which the \r\nState aid has been granted are fulfilled. \r\n34. Government control of aided industry .– Notwithstanding anything \r\ncontained elsewhere in this Chapter, the \r\n7\r\n[Provincial Government] may, by the \r\nappointment of its own directors or otherwise exercise such control over the conduct \r\nof the industry to which State aid has been given as shall suffice in its opinion to \r\nsafeguard its interests, provided that such right has been expre ssly reserv ed by \r\nagreement at the time the aid was granted. \r\n35. Method of recovery of money due .– Notwithstanding anything contained in \r\nsections 23, 24 and 25, all arrears of money payable to the \r\n8\r\n[Provincial Government] \r\nunder this Act including interest s chargeable thereon a nd costs, if any, incurred, \r\n \r\n1\r\nIbid. \r\n2\r\nXIX of 1883. \r\n3\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n4\r\nIbid. \r\n5\r\nSubstituted by the Punjab State Aid to Industries (Amendment) Act, 1940 (III of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated April 04, 1940, pp. 246-247, s. 5. \r\n6\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n7\r\nIbid. \r\n8\r\nIbid. \r\nmay, with the previous sanction of the \r\n1\r\n[Provincial Government], be recovered as \r\narrears of land revenue. \r\nCHAPTER V \r\nSUPPLY OF MACHINERY ON HIRE-PURCHASE SYSTEM \r\n36. Percentages of cost to be deposited by hirer .– No machi nery s hall be \r\nsupplied by the \r\n2\r\n[Provincial Government] on the hire -purchase system unless the \r\napplicant therefor deposits with the Director such percentage of the cost thereof as \r\nmay be prescribed, and furnishes security for the unpaid portion o f such cost in the \r\nsame manner as for a loan granted under the provisions of Chapter IV. \r\n37. Particulars to be specified in order when application is allowed .– When \r\nan application is allowed, the Director shall, subject to and in accordance with any \r\nrules that may be made under this Act, make an order specifying the following \r\nparticulars, namely:– \r\n(a) the amount of each installment of , rent to be paid for the hire of the \r\nmachinery and the number of such installments to be paid before the \r\nmachinery shall become the property of the hirer; \r\n(b) the amount of interest, if any, to be paid with each installment of rent \r\non the remaining unpaid installments; \r\n(c) the dates on which and the manner in which the aforesaid payments \r\nshall be made; and \r\n(d) such other particulars as may be prescribed. \r\n38. Conditions of supply of machinery on hire -purchase system .– Until the \r\nhiring is terminated in the manner hereinafter provided, the following provisions shall \r\napply, namely:– \r\n(a) The hirer shall pay punctually and without dem and the ins tallments of \r\nrent and amount of interest specified in the order referred to in section \r\n37. \r\n(b) The hirer shall retain the machinery in his own possession in good and \r\nserviceable order and condition and shall not, without the previous \r\nwritten consent of the Director, make any addition thereto or alteration \r\ntherein, nor remove the machinery or any part thereof from the premise \r\nspecified in the application for the supply thereof. \r\n(c) The machinery shall remain the sole and absolute \r\n3\r\n[property of the \r\n4\r\n[Provincial Gov ernment], and any transfer thereof or assignment of \r\nany right, title or interest therein or the creation of any mortgage, \r\nencumbrance or any other charge thereon by the hirer shall be void as \r\n \r\n1\r\nIbid. \r\n2\r\nIbid. \r\n3\r\nSubstituted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule. \r\n4\r\nSubstituted for the words “Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2(1) read with Schedule. \r\nagainst the \r\n1\r\n[Provincial Government] unless it has been ma de with the \r\nprevious written consent of the Director. \r\n(d) The machinery shall not be liable to distraint, attachment or sale by any \r\nprocess under any law for the time being in force, otherwise than under \r\nthis Act. \r\n(e) The machinery shall bear a metal plate in the prescribed form, and any \r\nperson who wilfully removes or defaces such plate shall be liable to a \r\nfine not exceeding five hundred rupees. It shall be presumed until the \r\ncontrary is proved that machinery bearing such metal plate is the \r\n2\r\n[property of the \r\n3\r\n[Provincial Government]] hired out under this Chapter. \r\n(f) The hirer shall permit the Director or any person authorized by the \r\nDirector in this behalf to inspect the machinery at all reasonable times, \r\nand the Director or such other person sh all have al l such powers of \r\nentry as may be necessary for the purpose of making an inspection. \r\n(g) In addition to the foregoing conditions the hirer shall be bound by such \r\nother conditions consistent therewith as may be prescribed by rules \r\nmade under this Act, or may be im posed by the Director in any \r\nparticular case. \r\n39. Consequences of default by hirer .– If the hirer makes default in paying the \r\nrent of the machinery or any sum payable as interest or any other charges due from \r\nhim under this Chapter or fail s to comply with any of the conditions which are \r\ncontained in, or may be imposed under section 38, the Director may, after giving him \r\n16 days’ notice, terminate the hiring and he or any other officer authorized by him in \r\nthis behalf may thereupon enter the premises in which the machinery is for the time \r\nbeing kept, whether such premises belong to the hirer or not and seize and take \r\naway the same. \r\n40. Option of hirer to purchase machinery seized for default .– (1) If the \r\nmachinery is seized and taken away und er section 39 the hirer shall have the option \r\nto be exercised within one month after such a seizure or such longer period as may \r\nbe allowed by the Director in this behalf, of purchasing the same by payment to the \r\nDirector of the unpaid balance of the cost thereof, together with such other amounts \r\nas may be due, and the cost of and expenses incidental to such seizure and \r\nremoval. \r\n (2) If within the period specified in sub -section (1) the hirer does not \r\nexercise the option of purchase, the Director shall proce ed to disp ose of the \r\nmachinery. \r\n41. Liability of hirer on termination of hiring under sections 24 and 25.– If the \r\nDirector terminates the hiring under section 39 and the hirer does not purchase the \r\nmachinery under section 40, the hirer shall not be entitle d to the r efund of the sum \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Gover nment of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2\r\nSubstituted for the words “property of the Local Government” by the Order ibid. \r\n3\r\nSubstituted fo r t he word “Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2(1) read with Schedule. \r\ndeposited by him under section 36 or to the refund or remission of any payment \r\nmade by or due from him during the hiring, and shall be liable to pay such amount, if \r\nany, as the Director may determine in respect of any loss caused by the disposal of \r\nthe machinery under sub-section (2) of section 40. \r\n42. Termination of hiring on payment of cost of machinery .– When, after \r\ncredit has been given for the amount deposited under section 36, the hirer has paid \r\nin full all the installments of rent me ntioned i n clause (a) of section 37 and the \r\namount of interest, costs and other charges payable by him under this Chapter, he \r\nshall become the owner of the machinery and shall thereupon remove from the same \r\nthe metal plate mentioned in clause (e) of section 38: \r\n Provided that if at any time during the hiring the hirer pays in advance the \r\nremaining installments of rent the interest payable in respect thereof shall be \r\nremitted. \r\n43. Penalty for non -removal of metal plate from machinery .– If the hirer \r\nwilfully omits, after receiving due notice, to remove the metal plate from any \r\nmachinery which has become his property under section 42, he shall be liable to a \r\nfine not exceeding fifty rupees. \r\n44. Sums due under this recoverable as loans under Chapter IV .– All sums \r\npayable under this Chapter shall be recoverable in the same way as loans under \r\nChapter IV. \r\nCHAPTER VI \r\nSUPPLEMENTAL \r\n45. Finality of decision of \r\n1\r\n[Provincial Government] and bar of suits and \r\nproceedings in Civil and Criminal Courts .– (1) The decis ion of th e \r\n2\r\n[Provincial \r\nGovernment] as to whether the conditions laid down in or under any of the provisions \r\nof this Act have been satisfied shall be final, and no suit shall be brought in any civil \r\ncourt to set aside or modify any order made thereunder. \r\n (2) No pr osecution, suit or other proceeding shall lie against any \r\nGovernment officer or other authority vested with powers under this Act for anything \r\nin good faith done or intended to be done thereunder. \r\n46. Power to make rules .– (1) The \r\n3\r\n[Provincial Government] may, after previous \r\npublication, make rules consistent with this Act for the carrying out of all or any of its \r\npurposes. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower, the \r\n4\r\n[Provincial Government] may make rules regulating or determining all or \r\nany of the following matters, namely:– \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2\r\nIbid. \r\n3\r\nIbid. \r\n4\r\nIbid. \r\n1\r\n[(a) nomination of three members of the Board under clause (e) of sub -\r\nsection (1) of section 3;] \r\n(b) regulating the travelling allowance under section 10; \r\n(c) the manner of making application for State aid under section 19; \r\n(d) the delegation of power to give loans under section 20; \r\n(e) the form of deed to be executed under section 21; \r\n(f) the nature and amount of the security to be taken under sections 21 \r\nand 36 for the due applicati on and repayment of the State aid or rents \r\ntogether with all interest due thereon, if any, and the rate of interest at \r\nwhich and the conditions under which State aid may be granted: \r\n Provided that where the security consists wholly or in part of the \r\npremises, mac hinery, s tock, stores or other property, present or future, \r\nmovable or immovable of the industry concerned, then the whole of such \r\nproperty present and future, movable and immovable, may be made liable for \r\nthe recovery of the loan and all interest due thereon, if any; \r\n(g) the inspection under section 26 of the premises, buildings, machinery \r\nand stock-in-hand and the mode of keeping and auditing the account \r\nand of furnishing returns of any industry in respect of which State aid \r\nhas been given; \r\n(h) the manner in and the place at which notices or orders may be served \r\non any borrower; \r\n(i) the form of the declaration to be used under section 24; \r\n(j) the fixing of the period for the repayment of loans; \r\n(k) the application under section 33 of profits in the case in which the \r\nconditions on which State aid has been given, have not been fulfilled; \r\n(l) the appointment and functions of directors appointed by the \r\n2\r\n[Provincial \r\nGovernment] under section 34 and the prescribing of other methods of \r\ncontrol of industries to which State aid has been given; \r\n(m) the percentage of the cost of machinery to be deposited under section \r\n36; \r\n(n) the additional particulars to be specified in the order referred to in \r\nsection 37 and the condition s on which machinery may be supplied on \r\nthe hire-purchase system; \r\n(o) the form of the metal plate referred to in clause (e) of section 38; \r\n(p) the form of notice under section 39; \r\n(q) the recovery of any sums payable under this Act; and \r\n(r) all other matters pertaining to the working of this Act. \r\n \r\n1\r\nSubstituted by the Punjab Laws (Adaptati on, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette \r\n(Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n2\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n47. Repeal.– The Punjab Industrial Loans Act, 1923\r\n1\r\n, is hereby repealed. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1\r\nI of 1923.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-df3cf7889f0d591f:sha256:51f8da53f8ba2a3a9e6c2b98086ea9b4528753f360c3a2ba8bbd084b006074a5:chars-0-1750:cfb346ed518f5cc72fde9e67bfc90a985e825ed7b89285c92935243d899c0bd6", "character_start": 0, "character_end": 1750, "utf8_byte_start": 0, "utf8_byte_end": 1750, "passage_sha256": "cfb346ed518f5cc72fde9e67bfc90a985e825ed7b89285c92935243d899c0bd6", "reader_fragment": "p-0-1750-cfb346ed518f5cc7" }, { "passage_id": "law:punjab-code-df3cf7889f0d591f:sha256:51f8da53f8ba2a3a9e6c2b98086ea9b4528753f360c3a2ba8bbd084b006074a5:chars-1750-3545:7129b2a125aaaad314c9f7138cbef3d98b556a78b1165a6f53ef21010d1af896", "character_start": 1750, "character_end": 3545, "utf8_byte_start": 1750, "utf8_byte_end": 3563, "passage_sha256": 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