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COIR INDUSTRY ACT

Ministry of Law and Justice

Act nº 45 of 1953


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Act nº 45 of 1953

Preamble

THE COIR INDUSTRY ACT, 1953

[Act, No. 45 of 1953]

[23rd December, 1953]

PREAMBLE

1[An Act to provide for the establishment of a Board for the development of the Coir Industry and for that purpose to levy a customs duty on coir fibre, coir yarn and coir products exported from India and for matters connected therewith."]

BE it enacted by Parliament as follows:--

1. Substituted for the original long title, by the Coir Industry (Amendment) Act, 1964 (25 of 1964), Section 2 (16-6-1964).


Chapter I

Section 1. Short title, extent and commencement

(1) This Act may be called The Coir Industry Act, 1953.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1. The Act came into force on 9-2-1954.


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 coir industry,

Section 3. Definitions

In this Act, unless the context otherwise requires,

(a) "Board" means the Coir Board constituted under section 4;

(b) "cess" means the customs duty imposed by section 13;

(c) "coir" or "coir fibre" means the fibre extracted from the husk of the coconut;

(d) "coir products" means mats and mattings, rugs and carpets, ropes and other articles manufactured wholly or partly from coir or coir yarn;

(e) "coir yarn" means yarn obtained by the spinning of coir;

(f) "export" with its grammatical variations and cognate expressions means to take out of the territories to which this Act extends by land, sea or air to any place outside India other than a country or territory notified in this behalf by the Central Government by notification in the Official Gazette;

(g) ''Fund" means the Coir Fund referred to in section 15;

(h) "husks" means coconut husks, both raw and retted;

(i) "member" means a member of the Board;

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

Chapter II

Section 4. Establishment and constitution of the Coir Board

(1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify in this behalf, there shall be established1for the purposes of this Act a Board to be called the Coir 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.

(3) The Board shall consist of a Chairman and such number of other members not exceeding forty as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among persons who are in its opinion capable of representing--

(a) growers of coconuts and producers of husks and coir yarn;

(b) persons engaged in the production of husks, coir and yarn and in the manufacture of coir products;

(c) manufacturers of coir products;

(d) dealers in coir, coir yarn and coir products, including both exporters and internal traders;

(e) Parliament;

(f) the Governments of the principal coconut growing States;

(g) such other persons or class of persons who, in the opinion of the Central Government, ought to be represented on the Board.

(4) The number of persons to be appointed as members from each of the categories specified in sub-section (3), the term of office, of the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Board shall be such as may be prescribed.

(5) Any officer of the Central Government when deputed by that Government in this behalf shall have the right to attend meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote.

1. Coir Board was established on 7-7-1954.


Section 5. Vacancies, etc., not to invalidate acts and proceedings

No act or proceeding taken by the Board under this Act shall be questioned on the ground merely of

(a) the existence of any vacancy in the Constitution of, the Boards or

(b) any omission, defect or irregularity not affecting the merits of the case.

Section 6. Salary and allowances of Chairman

The Chairman 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.

Section 7. Vice-Chairman

The Board shall elect from among its members a Vice-Chairman, who shall exercise such of the powers and discharge such of the duties of the Chairman as may be prescribed or as may be delegated to him by the Chairman.

Section 8. Executive and other Committees

(1) There shall be an Executive Committee of the Board for the purpose of exercising such of the powers and performing such of the duties of the Board as may be prescribed or as the Board may delegate to it.

(2) The Executive Committee shall consist of--

(i) the Chairman,

(ii) the Vice-Chairman, and

(iii) five other members elected by the members of the Board, from among themselves of whom not more than two shall be Government officials and one shall be from among the members representing persons engaged in the production of husks, coir and coir yarn and in the manufacture of coir products.

(3) Subject to such control and restrictions as may be prescribed, the Board may constitute other standing committee or ad hoc committes for exercising any power or discharging any duty of the Board or for enquiring into or reporting and advising on any matter which the Board may refer to them.

(4) A Standing Committee shall consist exclusively of members of the Board.

(5) An ad hoc Committee may include persons who are not members of the Board, but their number shall be less than one-half of its strength.

Section 9. Secretary and staff

(1) The Central Government shall, after consulting the Board 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.

(2) Subject to such control and restrictions as may be prescribed, the Board may appoint such officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time.

(3) The Chairman, 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 10. Functions of the Board

(1)It shallbe the duty of the Boardto promote by such measures as it thinks fit the development under the controlof the Central Government of the coir industry.

(2)Without prejudice to the generality of the provisions ofsub-section (1),the measures referred totherein may relate to--

(a)promoting exports of coir yarn and coir products, and carrying on propaganda forthat purpose

(b)regulating under the supervision of the Central Government the production ofhusks, coir yarn and coir products by registering coir spindles and looms formanufacturing coir products as also manufacturers of coir products, licensingexporters of coir, coir yarn and coir products and taking such other appropriateexporters of coir, coir yarn and coir products and taking suchother appropriate steps as may be prescribed;

(c)undertaking, assisting or encouraging scientific technoligical and economicresearch and maintaing and assisting in the maintenance of one or more researchinstitutes;

(d)collecting statistics from manufcturers of, and dealers in, coir products andfrom such other persons as may be prescribed, on any matter relating to the coirindustry; the publication of statistics so collected or portions thereof orextracts therefrom;

(e)fixing grade standards and arranging when necessary for inspection of coir yarnand coir products;

(f)improving the marketing of cocunut husk, coir fibre, coir yarn and coir productsin India and elsewhere and preventing unfair competition;

1 [(ff)setting up or assisting in the setting up of factories for the production ofcoir products with the aid of power;]

(g)promoting co-operative organisation among producers of husk, coir fibre and coiryarn and manufacturers of coir products;

(h)ensuring remunerative returns to producers of husks, coir fibre and coir yarnand manufacturers of coir products;

(i)licensing of retting places and warehouses andotherwise regulating the stockingand sale of coir fibre, coir yarn and coir products both for the internal marketand for exports.

(j)advising on all matters relating to the development of the coir industry;

(k)such other matters as may be prescribed.

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

1.Inserted by the Coir Industry (Amendment) Act, 1964 (25of 1964), Section 3(16-6-1964).


Section 11. Dissolution of the Board

(1) The Central Government may, if the Board does any act exceeding the powers conferred upon it or acts in a manner contrary to the rules or prejudicial to the interests of the industry or acts1[* * *] contrary to the directions given by the Central Government, call upon the Board to show cause why the Board should not be dissolved and if no explanation is offered or if the Central Government is dissatisfied with the explanation given it may suspend or dissolve the Board from such date and for such period as may be specified in the notification.

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

(a) all members shall, from the date of dissolution, vacate their offices as such members;

(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;

(c) all funds and other property 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.

1. The words "or fails to act" were omitted by the Repealing and Amending Act, 1957 (36 of 1957), Section 3 and Schedule II (17-9-1957).


Chapter III