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FOOD CORPORATIONS ACT

Ministry of Law and Justice

Act nº 37 of 1964


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Schedules
  • Amending Acts
  • Act nº 37 of 1964

Preamble

FOOD CORPORATIONS ACT, 1964

[Act, No. 37 of 1964]

[31th June, 1994]

PREAMBLE

An Act to provide for the establishment of Food Corporations for the purpose of trading in food grains and other foodstuffs and for matters connected therewith and incidental thereto.

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

Chapter I

Section 1. Short title, extent and commencement

(1) This Act may be called The Food Corporations Act, 1964.

(2) It extends to the whole of India 1 [***],

(3) It shall come into force on such date 2 as the Central Government may, by notification in the Official Gazette, appoint.

1. The words "except the State of Jammu and Kashmir", omitted by Act 67 of 1972, w.e.f 15.12.1972.

2. The appointed date is 17.12.1964 vide Gazette of India dated 17.12.1964.


Section 2. Definitions

In this Act, unless the context otherwise requires, -

(a) "Corporation" means the Food Corporation of India established under section 3;

(b) "Food Corporation" means the Food Corporation of India established under section 3 or a State Food Corporation established under section 17;

1[(bb) "Foodstuffs" includes edible oilseeds and oils;]

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

(d) "schedule bank" means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934;

(e) "State Food Corporation" means a State Food Corporation established under section 17;

(f) "year" means the financial year.

1. Inserted by Act 67 of 1972 w.e.f 15.12.1972.


Chapter II

Section 3. Establishment of Food Corporation of India

(1) With effect from such date 1 as the Central Government may, by notification in the Official Gazette, specify in this behalf, the Central Government shall establish for the purposes of this Act a Corporation known as the Food Corporation of India.

(2) The Corporation shall be body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by that name, sue and be sued.

1. The Food Corporation was established w.e.f. 01.01.1965 vide Notification No. G.S.R. IK09, Gazette of India dated 17.12.1964.


Section 4. Offices and agencies

(1) The head office of the Corporation shall be at Madras or at such other place 1 as the Central Government may, by notification in the Official Gazette, specify.

2 [(2) The Corporation may establish offices or agencies at other places in or outside India.

Provided that no such office or agency shall be established at any place outside India without the previous approval of the Central Government.]

1. The head office of the Corporation has been shifted to New Delhi on and from 01.07.1967 vide Notification No. G.S.R. 958, Gazette of India dated 20.06.1967.

2. Substituted by Act 67 of 1972 w.e.f 15.12.1972.


Section 5. Capital of Corporation

(1) The original capital of the Corporation shall be such sum not exceeding one hundred crores of rupees as the Central Government may fix.

(2) The Central Government may from time to time increase the capital of the Corporation to such extent and in such manner as that Government may determine.

(3) Such capital may be provided by the Central Government from time to time after due appropriation made by Parliament by law for the purpose and subject to such terms and conditions as may be determined by that Government.

Section 6. Management

(1) The general superintendence, direction and management of the affairs and business of the Corporation shall vest in a board of directors which may exercise all such powers and do all such acts and things as may be exercised or done by the Corporation under this Act.

(2) The board of directors, in discharging its functions, shall act on business principles having regard to the interests of the producer and consumer and shall be guided by such instructions on questions of policy as may be given to it by the Central Government.

(3) If any doubt arises as to whether a question is or is not a question of policy, the decision of the Central Government thereon shall be final.

Section 7. Board of Directors

(1) The board of directors of the Corporation shall consist of the following, namely: --

(a) a chairman;

(b) three directors to represent respectively the Ministries of the Central Government dealing with-

(i) food,

(ii) finance, and

(iii) co-operation;

(c) the managing director of the Central Warehousing Corporation established under Section 3 of the Warehousing Corporations Act, 1962, ex officio;

(d) a managing director;

(e) six other directors.

(2) All the directors of the Corporation other than the director referred to in 'Clause (0) of sub-section (1) shall be appointed by the Central Government.

(3) The managing director, shall--

(a) exercise such powers and perform such duties as the board of directors may entrust or delegate to him and

(b) receive such salary and allowances as the board of directors may, with the approval of the Central Government, fix:

Provided that the first managing director shall receive such salary and allowances as the Central Government may fix.

(4) The term of office of, and the manner of filling casual vacancies among, the directors of the Corporation, other than the director referred to in Clause (c) of sub-section (1), and the other terms and conditions of appointment of the directors of the Corporation shall, subject to the provisions of sub-section (3), be such as may be prescribed.

Section 8. Disqualification for office of director

A person shall be disqualified for being appointed as and for being, a director of the Corporation--

(a) if he is, or at any time has been, adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors; or

(b) if he is of unsound mind and stands so declared by a competent Court; or

(c) if he is or has been convicted of any offence which in the opinion of the Central Government involves moral turpitude; or

(d) if he has been removed or dismissed from the service of the Government or a corporation owned or controlled by the Government; or

(e) except in the case of the Chairman or the managing director, if he is a salaried official of the Food Corporation of India or a State Food Corporation.

Section 9. Removal and resignation of directors

(1) The Central Government may, at anytime, after consultation with the Corporation, remove the managing director from office after giving him a reasonable opportunity of showing cause against the proposed removal.

(2) The board of directors may remove any director from office who--

(a) is or has become subject to any of the disqualifications mentioned in section 8; or

(b) is absent without leave of the board of directors from more than three consecutive meetings thereof without cause sufficient, in the opinion of the board, to exonerate his absence.

(3) A director of the Corporation 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 10. Meetings

(1) The board of directors of the Corporation shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made by the Corporation under this Act.

(2) The Chairman of the Board or, if for any reason he is unable to attend any meeting, any other director elected by the directors present at the meeting, shall preside at the meeting.

(3) All questions which come up before any meeting of the board shall be decided by a majority of the votes of the directors present and voting, and, in the event of an equality of votes, the Chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote.

Section 11. Advisory Committees

(1) The Central Government may. in consultation with the Corporation, by notification in the Official Gazette, constitute one or more Advisory Committees consisting of such persons and on such terms and conditions as may be prescribed.

(2) It shall be the duty of any such Advisory Committee to advise the Central Government or the Corporation in regard to any matter connected with the purposes of this Act in respect of which its advice is sought by the Central Government, or, as the case may be, by the Corporation.

(3) The expenses in relation to the Advisory Committees shall be met by the Corporation.

Section 12. Officers and other employees of Corporation

(1) The Central Government shall after consultation with the Corporation, appoint a person to be the Secretary of the Corporation.

(2) Subject to such rules as may be made by the Central Government in this behalf, the Corporation may appoint such other officers and employees as it considers necessary for the efficient performance of its Junctions.

(3) The methods of appointment, the conditions of service and the scales of pay of the officers and other employees of the Corporation shall--

(a) as respects the Secretary, be such as may be prescribed;

(b) as respects the other officers and employees, be such as may be determined by regulations made by the Corporation under this Act.