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COCONUT DEVELOPMENT BOARD ACT

Ministry of Law and Justice

Act nº 5 of 1979


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Amending Acts
  • Act nº 5 of 1979

Preamble

THE COCONUT DEVELOPMENT BOARD ACT,1979

[Act, No. 5 of 1979]

[17th March, 1979.]

PREAMBLE

An Act to provide for the development under the control of the Union of the coconut industry and for matters connected therewith.

BE it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:-

Chapter I

Section 1. Short title extent and commencement

(1) This Act may be called the Coconut Development Board Act, 1979.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Declaration as to expediency of control by the Union

It is hereby declared that it is expedient in the public interest that the Union should take under its control the coconut industry.

Section 3. Definitions

In this Act, unless the context otherwise requires,--

(a) "Board" means the Coconut Development Board established under section 4;

(b) "Chairman" means the Chairman of the Board;

(c) "coconut" means the fruit of coconut palm and includes green coconut, ripe coconut and copra.

Explanation.-"Coconut Palm" means the coconut tree, Cocos Nucifera Linn;

(d) "coconut industry" does not include--

(i) Coir industry; or

(ii) an industry from which products (including by-products) out of coconut oil are manufactured;

(e) "member" means a member of the Board and includes the Chairman;

(f) "prescribed" means prescribed by rules made under this Act.

Chapter II

Section 4. Establishment and constitution of the Board

(1) With effectfrom such date as the Central Government may, by notification in the OfficialGazette appoint in this behalf, there shall be established for the purposes ofthis Act, a Board to be called the Coconut Development Board.

(2)The Board shall be a body corporate by the name aforesaid, having perpetualsuccession and common seal, with power to acquire, hold and dispose of property,both movable and immovable, and to contract, and shall by the said name sue andbe sued.

(3)The head office of the Board shall be at such place as the Central Governmentmay, by notification in the Official Gazette, specify.

(4)The Board shall consist of the following members, namely;-

(a)a Chairman, to be appointed by the Central Government;

(b)1 [theHorticulture Commissioner] tothe Government of India, ex officio;

(c)the Director, Central Plantation Crops Research Institute (Indian Council ofAgricultural Research), ex officio;

(d)the Chairman of the Coir Board constituted under section 4 of the Coir IndustryAct, 1953, (45 of 1953) ex officio;

(e)three members of Parliament of whom two shall be elected by the House of thepeople and one by the Council of states;

(f)two members to be appointed by the Central Government to represent respectivelythe Ministries of the Central Government dealing with--

(i)Revenue; and

(ii)Civil Supplies and Co-operation;

(g)three members to be appointed by the Central Government one each to representthe Government of the States of Kerala, Tamil Nadu and Karnataka, being Stateswherein coconut is grown on a large scale;

(h)five members to be appointed by the Central Government by rotation in thealphabetical order to represent the States of Andhra Pradesh, Assam, Maharashtra,Orissa and West Bengal and the Union territories of the Andaman and NicobarIslands, Goa, Daman and Diu, Lakshadweep and Pondicherry;

(I)four members to be appointed by the Central Government two to represent thecoconut growers of the State of Kerala and one each to represent the coconutgrowers of the States of Tamil Nadu and Karnataka;

(j)one member to be appointed by the Central Government to represent the coconutprocessing industry;

(k)two members to be appointed by the Central Government to represent such otherinterests connected with the coconut industry as, in the opinion of thatGovernment, ought to be represented:

Providedthat every appointment under clauses (g) and (h) shall be made on therecommendation of the State Government or, as the case may be, of the Unionterritory concerned.

(5)The Board shall elect, from amongst its members, a Vice-Chair-man who shallexercise such of the powers and perform such of the functions of the Chairman asmay be prescribed or as may be delegated to him by the Chairman.

(6)The term of office of the members and the manner of filling vacancies among, andthe procedure to be followed in the discharge of their functions by, the membersshall be such as may be prescribed.

(7)Any officer of the Central Government, not being a member of the Board, whendeputed by that Government in this behalf, shall have the right to attend themeetings of the Board and take part in the proceedings thereof but shall not beentitled to vote.

(8)The Board may associate with itself in such manner, subject to such conditionsand for such purposes as may be prescribed, any person whose assistance oradvice it may desire in complying with any of the provisions of this Act and aperson so associated shall have the right to take part in the discussions of theBoard relevant to the purposes for which he has been associated but shall nothave the right to vote and shall be entitled to receive such allowances or feesas may be fixed by the Central Government.

(9)No act or proceeding of the Board or any committee appointed by it under section9 shall be invalidated merely by reason of--

(a)any vacancy in, or any defect in the constitution of, the Board or suchcommittee; or

(b)any defect in the appointment of a person acting as a member of the Board orsuch committee; or

(c)any irregularity in the procedure of the Board or such committee not affectingthe merits of the case.

(10)The Board shall meet at such times and places and shall observe such rules ofprocedure in regard to the transaction of business at its meetings (includingthe quorum at meetings) as may be provided by regulations made by the Boardunder this Act.

1.Substituted for "the Agriculture Commissioner" by the Coconut DevelopmentBoard (Amendment) Act, 1987, w.e.f. 05-08-1987.


Section 5. Salary and allowances and other conditions of service of Chairman and allowances of members

(1) The Chairman shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, allowances pension, provident fund and other matters as may, from time to time, be fixed by the Central Government.

(2) The members of the Board shall receive such allowance as may be fixed by the Central Government.

Section 6. Resignation of members

A member, other than an ex officio member, may resign his office by giving notice thereof in writing to the Central Government and on such resignation being accepted, he shall be deemed to have vacated his office.

Section 7. Officers of the Board and other staff

(1) The Chairman shall be the chief executive of the Board and shall exercise such powers and perform such duties as may be prescribed.

(2) The Central Government shall appoint a Chief Coconut Development Officer to exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Chairman.

(3) The Chief Coconut Development Officer appointed under subsection (2) shall have the right to attend the meetings of the Board and its committees appointed under section 9 and take part in the proceedings thereof but shall not be entitled to vote.

(4) The Central Government shall appoint a Secretary to the Board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board or the Chairman.

(5) The Chief Coconut Development Officer and the Secretary shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the Central Government.

(6) Subject to such control and restrictions as may be prescribed, the Board may appoint such other officers and employees as may be necessary for the efficient performance of its functions and the method of appointment the conditions of service and the scales of pay and allowances of such other officers and employees of the Board shall be such as may be provided by the Board by regulations made under this Act.

(7) The Chairman, the Chief Coconut Development Officer, the Secretary and other officers and employees of the Board shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government.

Section 8. Special provision for transfer of employees to the Board

(1) On the establishment of the Board, it shall be lawful for the Central Government to transfer to the Board, by order and with effect from such date or dates as may be specified in the order, any officer or other employee holding office as such in the Directorate of Coconut Development immediately before the date on which the Board is established.

Provided that the scale of pay of the post to which such officer or other employee is transferred shall not be lower than the scale of pay of the post he was holding immediately before such transfer and the other terms and conditions of service ( including pension, leave, provident fund and medical benefits) of the post to which he is transferred shall not be less favourable than the terms and conditions of service in relation to the post held by him immediately before such transfer.

Provided further that if, immediately before the date of his transfer any such officer or other employee is officiating in a higher post under the Central Government either in a leave vacancy or in any vacancy of specified duration his pay and other allowances, if any on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the Central Government to which he would have reverted.

(2) Before any order is issued under sub-section (1), all officers and other employees of the Directorate of Coconut Development shall be give an option in such forms as may be prescribed, and within such time as may be specified in that behalf by the Central Government, to express their willingness or otherwise to become employees of the Board and such option once exercised shall be final;

Provided that no order under sub-section (1) shall be made in relation to any officer or other employee of the Directorate of Coconut Development who has intimated his intention of not becoming an employee of the Board within, the time specified in that behalf:

Provided further that such of the persons employed by the /central Government in the said Directorate, who do not express, within the time specified in that behalf, their intention of becoming the employees of the Board, shall be dealt with in the same manner and in accordance with the same rules as would apply to the employees of the Central Government in the even at the reduction of the strength of the Department in which such persons have been employed.

(3) An officer or other employee transferred by an order made under sub-section (1) shall, on and from the date of transfer, cease to be an employee of the Central Government and become an officer or other employee of the Board with such designation as the Board may determine and shall, subject to the provisions of the first and second provisions to sub-section (1) be governed by the regulations made by the Board under this Act in respect of remuneration and other conditions of service (including pension, leave, provident fund and medical benefits) and shall continue to be an officer or other employee of the Board unless and until his employment is duly terminated by the Board.

Provided that till such time as the regulations referred to above governing the conditions of service of its officers or other employees are framed by the Board, the relevant rules and orders framed by the Central Government shall continue to be applicable to such officers or other employees.

(4) If a question arises whether the terms and conditions of service prescribed in the regulations framed by the Board in respect of any matter, including remuneration, pension leave, provident fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the Board, the decision of the Central Government in the matter shall be final.

Section 9. Committees of the Board

(1) The Board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act.

(2) The Board shall have the power to co-opt as members of any committee appointed under sub-section (1) such number of persons who are not members of the Board as it may think it and the persons so co-opted shall have the right to attend meetings of the committee and take part in its proceedings but shall not have the right to vote.

(3) The persons co-opted as member of a committee under sub-section (2) shall be entitled to receive such allowances or fees fro attending meetings of the committee as may be fixed by the Central Government.

Section 10. Function of the Board

(1) It shall be the duty of the Board to promote, by such measures as it thinks fit the development under the control of the Central Government of the coconut industry.

(2) Without prejudice to the generality of the provisions of sub-section (1) the measures referred to therein may provide for

(a) adopting measures for the development of coconut industry so that farmers particularly small farmers, may become participants in, and beneficiaries of, the development and growth of coconut industry.

(b) recommending measures for improving the marketing of coconut and its products in India;

(c) imparting technical advice to any person who is engages in the cultivation of coconut or the processing or marketing of coconut and its products;

(d) providing financial or other assistance for the development of high yielding coconut hybrids, adoption of improved methods of cultivation of coconut, modern technology for processing of coconut and extension of areas under coconut cultivation (including replanting) with a view to improving the growth of coconut industry)

(e) adopting such measures as may be practicable for assisting coconut growers to get incentive prices including recommending as and when necessary, minimum and maximum prices for coconut and its products;

(f) recommending measures for regulating import and export of coconut and its products;

(g) collecting statistics from growers of coconut, dealers in coconut manufacturers of coconut products and such other persons and institutions as may be prescribed on any matter relating to coconut industry and publishing the statistics so collected or portions thereof or extracts therefrom;

(h) fixing grades, specifications and standards for coconut and its products;

(I) financing suitable schemes in consultation with the Central Government and the Governments of the States where coconut is grown on a large scale, so as to increase the production of coconut and to improve its quality and yield; and for this purpose evolving schemes for award of prizes or grant of incentives to growers of coconut and the manufacturers of its products and for providing marketing facilities for coconut and its products;

(j) assisting, encouraging promoting or financing agricultural technological, industrial or economic research on coconut and its products in such manner as the Board may deem fit by making use of available institutions;

(k) undertaking such publicity and publishing such periodicals, books or bulletins on the research and development of coconut and its products as may be found necessary;

(l) setting up of regional offices and other agencies for the promotion and development of production grading and marketing of coconut and its products in coconut growing States and Union territories for the efficient discharge of the functions and objectives of the Board;

(m) such other measures as may having regard to the purposes of this Act, be prescribed by the Central Government in consultation with the Governments of the States where coconut is grown on a large scale;

(3) The Board shall perform its functions under this section in accordance with and subject to such rules as may be made by the Central Government.

Section 11. Dissolution of the Board

(1) The Central Government may, by notification in the Official Gazette and for reasons to be specified therein, direct that the Board shall be dissolved from such date and for such period as may be specified in the notification;

Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Board to make representations against the proposed dissolution and shall consider the representations, if any, of the Board.

(2) When the Board is dissolved under the provisions of sub-section (1)-

(a) all members not withstanding that their term of office has not expired shall from the date of dissolution, vacate their offices as such member;

(b) all powers and duties of the Board shall, during the period of dissolution be exercised and performed by such person or persons as the Central Government may appoint in this behalf and their remuneration shall be such as may be prescribed;

(c) all funds and other properties vested in the Board shall, during the period of dissolution vest in the Central Government; and

(d) as soon as the period of dissolution expires, the Board shall be reconstituted in accordance with the provisions of this Act.

Chapter III