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CENTRAL SILK BOARD ACT

Ministry of Law and Justice

Act nº 61 of 1948


  • Amending Acts
  • Act nº 61 of 1948

Preamble

CENTRAL SILK BOARD ACT, 1948

[Act, No. 61 of 1948]

[20th September, 1948]

PREAMBLE

An Act to provide for the development under Central control of the1[*] silk industry and for that purpose to establish a Central Silk Board.

WHEREAS it is expedient to provide for the development under Central control of the1[*] silk industry and for that purpose to establish a Central Silk Board;It is hereby enacted as follows:--

1. Word "raw" omitted by the Central Silk Board (Amdt.) Act (31 of 1953) Section. 2 (25-3-1954).


Section 1. Short title and extent

(1) This Act may be called the Central Silk Board Act, 1948.

1 [(2) It extends to the whole of India 2 [Omitted].]

1. Substituted for old sub-section (2), by A. L. O., 1950.

2. Words "except the State of Jammu and Kashmir" omitted by the Central Silk Board (Amdt.) Act (21 of 1970) Section 2(23-5-1970).


Section 2. Declaration as to expediency of Union control

1[2. Declaration as to expediency of Union control

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

1. Substituted for former Section 2 by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section 3 (25-3-1954).


Section 3. Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(a) "Board" means the Central Silk Board constituted under this Act;

1[(aa) "Central Silk-worm Seed Testing Laboratory" means the Central Seed Testing Laboratory established or accredited under sub-section (1) of section 8G;]

(b) "charkha raw silk" means raw silk reeled from silk worm cocoons with the help of any instrument not worked by power;

1[(ba) "Committee" means the Central Silk-worm Seed Committee constituted under sub-section (1) of section 8A;

(bb) "dealer" means a person who carries on the business of buying and selling, export or import of silk-worm seed, cocoons, chawkie reared silk-worms and includes an agent of a dealer;

(bc) "export" means taking out of India to a place outside India;]

(c) "filature raw silk" means raw silk reeled from silk worm cocoons with the help of any instrument worked by power;

1[(ca) "Hybrid Authorisation Committee" means the Hybrid Authorisation Committee constituted under sub-section (1) of section 8D;

(cb) "import" means bringing into India from a place outside India;

(cc) "notified kind or variety" in relation to silk-worm seed means, any kind or variety thereof notified under sub-section (1) of section 8C;]

(d) "power" means any form of energy which is mechanically transmitted and is not generated by human or animal agency, and includes electrical energy;

(e) "prescribed" means prescribed by rules made under this Act;

1[(ea) "Registration Committee" means the Registration Committee constituted under sub-section (2) of section 8E;

(eb) "regulation" means regulation made by the Committee under this Act;

(ec) "silk-worm seed" or "seed" means all kinds of silk-worm seeds produced from the pure silk-worm races including the hybrids produced from two or more pure races, silk-worm seed cocoons of all kinds and moths thereof intended to be used or reared for the purpose of production or for commercial exploitation.

Explanation.-- For the purposes of this clause,--

(i) "pure races" means silk-worm breed or variety maintained through reproductive silk-worm seed with features true to the parents;

(ii) "hybrids" means the seed produced involving two or more pure races or parental races with the objective of exploiting heterosis or hybrid vigour;

(ed) "Silk-worm Seed Analyst" means a Seed Analyst appointed or notified under sub-section (3) of section 8G;

(ee) "Silk-worm Seed Certification Agency" means the Silk-worm Seed Certification Agency constituted or accredited under section 8F;

(ef) "Silk-worm Seed Officer" means Seed Officer appointed or notified under sub-section (1) of section 8H;]

(f) "spun silk" means silk yarn spun from pierced or spoilt cocoons, fluff from cocoons, pieces of silk, coils, or other silk waste;

(g) "Standing Committee" means the Standing Committee of the Board constituted under sub-section (2) of section 6.

1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007


Section 4. Constitution of the Board

(1) As soon as may be after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Board to be called the Central Silk Board.

(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a 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 and be sued.

1 [(3) The Board shall consist of the following members, namely:--

(a) a 11[Chairperson] to be appointed by the Central Government;

8[(b) not more than three officials to be nominated by the Central Government, one of whom shall be the head of the Silk Division in the Ministry of Textiles as the 11[Vice-Chairperson] and one shall be the Secretary of the Board, both being the officers not below the rank of Joint Secretary to the Government of India;]

(c) six persons to be elected by Parliament, four from the House of the People by the members of the House of the People and two from the Council of States by the members of the Council of States;

9[Provided that a member of Parliament shall, upon ceasing to be a member of the House of the People or as the case may be, the Council of States, cease to be a member of the Board.]

(d) 2 [five persons] to be nominated by the Government of Mysore, one of whom shall represent the filature raw silk industry and two shall represent the rest of the sericulture industry;

(e) 3 [one person] to be nominated by the Government of 4 [Tamil Nadu];

(f) two persons to be nominated by the Governor of West Bengal;

10[(g) one person to be nominated by each of the Governments of Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujarat, Jharkhand, Madhya Pradesh, Uttar Pradesh and Uttaranchal;]

(h) one person to be nominated by the Government of Jammu and Kashmir;

(i) not more than three persons to be nominated by the Central Government to represent the producers of raw silk and areas other than the States specified in clauses (d) to (g) inclusive;

(j) eight persons to be nominated by the Central Government, of whom one shall represent the spun-silk industry, one the silk throwing and twisting industry, one the silk weaving industry, one labour; and two of them shall be experts in sericulture.]

(4) The members of the Board shall receive from its funds such travelling and other allowances as may be prescribed.

7 [(5) Subject to the other provisions of this Act, the term of office of a member shall be such period, not exceeding three years, as may be prescribed.

(6) Notwithstanding anything contained in sub-section (5),--

(a) the Central Government may terminate the appointment of the 11[Chairperson] after giving him notice for a period of not less than three months;

(b) the 11[Chairperson] may resign his office by giving notice in writing for a period of not less than three months to the Central Government, and on such resignation being notified in the Official Gazette by that Government, the 11[Chairperson] shall be deemed to have vacated his office.]

1. Substituted for sub-section (3) by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section 4(25-3-1954).

2. Substituted for the words "four persons" by A. L. (No. 3) O., 1956.

3. Substituted for the words "two persons" by A. L. (No. 3) O., 1956.

4. Substituted for "Madras" by Madras State (Alteration of Name) A. L. O., 1970 (w. r. e. f. 14-1-1969).

5. Substituted for the word "Andhra", by A. L. No. 3 O. 1956.

6. The words "Madhya Bharat" omitted by A. L. No. 3 O. 1956.

7. Inserted by the Central Silk Board (Amdt.) Act (13 of 1982) Section 2 (1-6-1984).

8. Substituted for the following by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007

"(b) not more than three officials to be nominated by the Central Government:

Provided that it shall be lawful for any such official to depute in the prescribed circumstances another official to attend any meeting of the Board on his behalf;"

9. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007

10. Substituted for the following by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007

"(g) one person to be nominated by each of the Government of 5 [Andhra Pradesh,] Assam, Bihar, Bombay, 6 [Omitted] Madhya Pradesh and Uttar Pradesh;"

11. Substituted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006) for the words "Chairman" and "Vice-Chairman" respectively, w.e.f. 01.07.2007


Section 4A. Disqualification for being nominated or appointed as a member of Board

1[4A. Disqualification for being nominated or appointed as a member of Board.-

A person shall be disqualified for being nominated or appointed or for continuing as a member, if he--

(a) is not a citizen of India; or

(b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or

(c) is an undischarged insolvent; or

(d) has become physically or mentally incapable of acting as a member; or

(e) has acquired such financial or other interest as is likely to affect prejudicially his function as a member.]

1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007


Section 5. Power of the Central Government in default of nominations

(1) If any Government other than the Central Government fails to make any nomination which it is entitled to make under sub-section (3) of section 4 within the time prescribed in that behalf, the Central Government may make the nomination itself.

(2) Where a member of the Board dies, resigns, is removed, ceases to reside in India, or becomes incapable of acting, the authority or body entitled to nominate the member under sub-section (3) of section 4 may nominate a person to fill the vacancy; and where such nomination is not made within the time prescribed in that behalf, the Central Government on its own initiative, may make the nomination itself.

(3) No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.

Section 6. Vice-chairperson and Standing Committee

(1)1[The 2[Vice-Chairperson] shall] exercise such of the powers and perform such of the duties of the 2[Chairperson] as may be prescribed or as may be delegated to him by the 2[Chairperson].

(2) The Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such of its powers and performing such of its duties as may be delegated by it not being powers or duties the delegation of which is prohibited by rules made under this Act.

(3) The Standing Committee shall consist of the 2[Chairperson], the 2[Vice-Chairperson], and five others elected by the Board from among its members.

1. Substituted for "The Board shall elect from among its members" by the Central Silk Board (Amdt.) Act, 1952 (56 of 1952), Section. 3 [9-8-1952].

Further substituted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006) for the words "The Central Government shall appoint from among the members of the Board, a Vice-Chairman who shall", w.e.f 01.07.2007

2. Substituted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f 01.07.2007


Section 7. Secretary of the Board

2[The Secretary to the Board shall], under the control and direction of the Board, exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board or the 3[Chairperson].

1. The words "in consultation with the Board" were omitted by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section. 5(25-3-1954).

2. Substituted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006) for the words "The Central Government shall1[* * *] appoint a Secretary to the Board who shall", w.e.f. 01.07.2007

3. Substituted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007


Section 8. Functions of the Board

(1) It shall be the duty of the Board to promote the development of the 1 [*] silk industry by such measures as it thinks fit.

(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for--

(a) undertaking, assisting or encouraging scientific, technological and economic research;

(b) devising means for improved methods of mulberry cultivation rearing, developing and distributing healthy silkworm seeds, 2 [reeling or, as the case may be, spinning of silkworm cocoons and silk waste], improving the quality and production of raw silk, if necessary, by making it compulsory for all raw silk to be marketed only after the same has been tested and graded in properly equipped raw silk conditioning houses;

(c) 3 [*****

(d) improving the marketing of raw silk;

(e) the collection of statistics from such persons as may be prescribed;

4 [(f) carrying out any other duties which may be vested in the Board under rules made under this Act.]

(3) It shall also be the duty of the Board--

6[(a) to advise the Central Government on all matters relating to production, supply, distribution, trade and commerce in silk-worm seed, the development of the silk industry and its products including export and import;]

(b) 5 [* * *]

(c) to prepare and furnish such 5 [* * *] reports relating to the 1 [* *] silk industry as may be required by the Central Government from time to time.

1. Word "raw" omitted by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section 6 (25-3-1954).

2. Substituted for "reeling of silk worm cocoons" by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section 6 (25-3-1954). (21 of 1970), Section 3 (23-5-1970).

3. Clause (c) of sub-section (2), clause (b) of sub-section (3), and in clause (3), word "other", omitted by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section 6 (25-3-1954). (21 of 1970), Section 3 (23-5-1970).

4. Inserted by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section 6 (25-3-1954).

5. cl (b) omitted by amendment act (21 of 1970)

6. Substituted for the following by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007

"(a) to advise the Central Government on all matters relating to the development of the raw silk industry, including the import and export of raw silk;"



Section 8A. Constitution of Central Silk-worm Seed Committee

1[8A. Constitution of Central Silk-worm Seed Committee.-

(1) The Central Government may, by notification in the Official Gazette, constitute for the purposes of this Act, a Committee to be called the Central Silk-worm Seed Committee consisting of--

(a) the Vice-Chairperson of the Board who shall be the Chairperson of the Committee, ex officio;

(b) (i) seven officials not below the rank of Deputy Secretary to the Government of India dealing with sericulture from the States--members;

(ii) two experts from the field of silk-worm seed development--members;

(iii) five persons to represent the sericulture sector of whom three shall be the farmers and two the reelers--members;

to be nominated by the Central Government from amongst the members of the Board;

(c) the Director of the National Silk-worm Seed Organisation to be nominated by the Central Government--member; and

(d) Secretary of the Board who shall be the Secretary of the Committee, ex officio.

(2) The Committee may associate with it, for such purposes and in such manner as it may deem fit, any person whose assistance or advice it may consider necessary in complying with the provisions of this Act, and a person so associated, shall have the right to take part in the proceedings of the Committee relevant to the purposes for which he has been associated, but shall not have the right to vote and shall be entitled to receive such allowances or fees as may be prescribed by the Central Government.

(3) A member nominated under sub-section (1) shall, unless his seat becomes vacant earlier by resignation, death or otherwise, hold office for a period of three years from the date of his nomination and shall be eligible for re-nomination:

Provided that a person nominated under sub-section (1) shall hold office only for so long as he holds the appointment by virtue of which his nomination was made.

(4) No act or proceeding of the Committee shall become invalid merely by reason of--

(i) any vacancy therein, or any defect in the constitution thereof; or

(ii) any matter relating to the procedure of the Committee not affecting the merits of a case.

(5) The Central Government shall provide to the Committee such other technical and other officers and employees as may be necessary for the efficient performance of the functions under this Act.

(6) (a) The Committee shall meet at such time and place and shall observe such procedure in regard to transaction of business at its meeting (including the quorum at meetings) as may be specified by regulations.

(b) The Chairperson or in his absence any member chosen by the members present from amongst themselves, shall preside at a meeting of the Committee.

(c) All questions at a meeting of the Committee shall be decided by a majority of votes of the members present and voting and in case of equality of votes, the Chairperson or in his absence, the person presiding over the meeting shall have a second or casting vote.]

1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007


Section 8B. Powers and functions of Committee

1[8B. Powers and functions of Committee.-

(1) The Committee shall be responsible for the implementation of this Act by taking measures as specified in sub-section (2).

(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for--

(i) laying down of quality standards for kind or variety of silk-worm seed;

(ii) authorisation of silk-worm races and hybrids for commercial exploitation;

(iii) laying down of quality standards for production of silk-worm seeds;

(iv) laying down the conditions and requirements that have to be met out by the persons desirous of setting up facilities for production of silk-worm seeds or grainages;

(v) laying down the certification and silk-worm seed testing procedures for seeds sold by the registered producers;

(vi) undertaking the registration of silk-worm seed producers and dealers and controlling, supervising the inspection process to ensure adherence to the specified quality standards and seed certification requirements;

(vii) laying down the conditions and standards for export and import of silk-worm seed and adherence to them;

(viii) programming and planning of silk-worm seed production;

(ix) advising the Central Government and the State Governments on the matters aforesaid; and

(x) such other matters connected and incidental to the production, supply, distribution, trade and commerce in silk-worm seed,

as may be specified by regulations made by the Committee from time to time.]

1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007


Section 8C. Power to notify kinds or varieties of silk-worm seeds

1[8C. Power to notify kinds or varieties of silk-worm seeds.-

(1) If the Central Government, after consultation with the Committee, is of the opinion that it is necessary or expedient to regulate the quality of silk-worm seed of any kind or variety for the purpose of production and for commercial exploitation, it may, by notification in the Official Gazette, declare such kind or variety to be a notified kind or variety for the purposes of this Act and different kinds or varieties may be notified for different States or for different areas thereof, and it shall be incumbent upon every producer or dealer of such silk-worm seeds to produce or deal with such notified kinds and varieties of silk-worm seeds and in no other.

(2) The Central Government may, on the recommendation of the Committee, by notification, specify--

(a) the minimum quality standards and conditions for notified kinds or varieties of silk-worm seed; and

(b) the mark or label to indicate that such silk-worm seed conforms to the specified quality standards.]

1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007


Section 8D. Hybrid Authorisation Committee

1[8D. Hybrid Authorisation Committee.-

(1) The Committee shall constitute a Hybrid Authorisation Committee consisting of the Secretary of the Board who shall be the Chairperson of the Hybrid Authorisation Committee and such number of other members to assist him in the discharge of his duties as the Committee may determine.

(2) It shall be the duty of the Hybrid Authorisation Committee to either suo motu or on the application made to it and after due trials, testing and such other requirements, as it may deem necessary to satisfy itself, recommend to the Committee of the kind or variety of silk-worm seed, silk-worm hybrid seeds and races available in the market for notification by the Central Government for production and commercial exploitation.]

1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007


Section 8E. Registration Committee

1[8E. Registration Committee.-

(1) No silk-worm seed of any kind or variety shall, for the purpose of production or for commercial exploitation, be produced, supplied, distributed, traded, sold or otherwise disposed of by a producer or dealer unless he is registered by the Registration Committee in such manner as may be prescribed.

(2) The Committee shall constitute the Registration Committee consisting of a Chairperson and such number of other members not less then two to assist him in the discharge of his duties as the Committee, may determine.

(3) The Registration Committee shall have power--

(a) to register the silk-worm seed of the notified kind or variety after scrutinising claims that the silk-worm seed conforms the kind or variety duly notified by the Central Government;

(b) to register the silk-worm seed producer after ensuring that the facility for seed production meets the requirement or conditions for maintaining quality standards as notified by the Central Government;

(c) to register the silk-worm dealer after scrutinising their claim made in the application;

(d) to perform such other functions as are assigned to it by the Committee.

(4) Every application for registration under sub-section (1) shall be made in such form and contain such particulars including conditions and be accompanied by such fees as may be prescribed.

1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007