Wednesday, 29 July 2015

THE NORTH-WEST FRONTIER 1[PROVINCE FAMINE RELIEF FUND ACT, 1938.


THE NORTH-WEST FRONTIER    1[PROVINCE FAMINE
RELIEF FUND ACT, 1938.
(Act XII of 1938.)
Preamble.
            WHEREAS, the Government of India Act, 1935, does not contain any provision for the maintenance and continuance of the Famine Relief Fund maintained under the provisions of Rule 29 and Schedule IV of the Devolution Rules prescribed under Section 45-A and 129-A., of the Government of India Act, 1919, and whereas it is expedient that such a relief fund should be main­tained and continued, and whereas the Governor under sub-section (3) of Section 82 of the Government of India Act, 1935, has recommended the consideration of this Act, it is hereby enact­ed as follows:—

Short title, extent and commencement.
1.(1) This Act may be called the North-West Frontier
1[Province] Famine Relief Fund Act, 1938.
(ii) It extends to the whole of the 2North-West Frontier 1 [Province].
(iii) It shall be deemed to have come into  force with effect from the 1st April, 1937.

Definition.
2.    In this Act, "Fund" means the North-West   Frontier 1 [Province] Famine Relief Fund.

Establishment of the North-West Frontier 1(Province) Famine Relief Fund.
3.   The Provincial Government shall,   on the commencement of this Act, establish in  and for the North-West   Frontier "   1 [Province] a fund called   "the North-West Frontier 1[Province] Famine Relief Fund". The fund shall consist of—
(i)    the amount outstanding to the credit of the Famine Relief Fund of the [Province] transferred by the Governor -General-in-Council on the 1st April, 1937|
(ii)   the Government securities mentioned in Section 6;
(iii)   the interest which may from time to time accrue on such securities; and
(iv) such other sums as the Provincial Government may from time to time contribute to the Fund under Section-4.
1.       After the words "North-West Frontier"   wherever occurring the word "Province" by N.-W. F. P.. Adaptation of Laws Order 1975 S. (1) read with   schedule.    Which was carrier  omitted by W.P.L. A. O.. 1964
2.     Now to be construed as referring to the districts of Banu, Dera Ismail Khan, Hazara, Kohat, Mardan and Peshawar, See W.P. Act XVI of 1975, s. 3 (I) and Schedule. 1.
FAMINES RELIEF FUND, ACT, 1938.
4. The Provincial Government shall provide in every year beginning with the financial year 1937-38 in the budget, as contri­bution of the Fund, a lump sum of ten thousands of rupees which shall be charged upon if the Provincial Consolidated Fund]:
Provided that in any year in which the accumulated total of the Fund is not less than one lakh and fifty thotisand of rupees, the Provincial Government may suspend temporarily the provision for annual contribution.
5.    The Fund shall not be expended except upon—
Purpose for which the fund may be utilized.
(i)    the relief of femine in the   North-West Frontier -[Province] and
(ii)   the relief of distress caused by serious drought flood or other natural calamities in the said 3[territories]:
            Provided that when the Fund exceeds one lakh and fifty thousand of rupees, the Provincial Government may utilize the excess for any of the following purposes, namely:—
(i)    to meet expenditure on protective irrigation works and other works for the prevention of famine in the said 3[territories].
(ii)   to grant loans to cultivators either under the Land Improvement Loans Act, 1883, or under the Agri­culturists Loans Act, 1884, or for relief purposes, or to meet irrecoverable balance of loans under the said Acts and of loans made from the Provincial Loans Account for relief purposes.
6. The Provincial Government shall from time to time invest or re-invest in securities of the ? [Central Government] or of the Government of the North-West Frontier '[Province], all sums to the credit of the Fund which may not be immediately re­quired for any of the purposes mentioned in Section 5.
Investment and re-investment of amounts not required.

7. (I) The accounts of the Fund shall be made up at the end of each financial year, the securities, belonging to the Fund being valued at their market value on the last day of such year.
Accounts of the Fund and making up of the deficiency in the Fund.
(2) If the accounts so made up show that the balance in the Fund at the end of such year falls short of one lakh, and fifty-thousand of rupees, the deficiency shall be made up from 1[the Provincial Consolidated Fund; as in Section 4.

1.       Subsumed for the words “by Revenue of the Provincially. W.P. Laws (Adaptation) Order. 1964. Part. III.
2.       The Word Province ins. by N.W.F.P. A.L.O. 1975.
3.       Subs by. W.P.A.L. Order 1964.


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