A Bill further to amend the Coconut Development Board Act, 1979.

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as

follows:—

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

Act, 2021.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In section 3 of the Coconut Development Board Act, 1979 (hereinafter referred

to as the principal Act), for clause (b), the following clauses shall be substituted,

namely:—

‘(b) “Chairman” means the non-executive Chairman of the Board appointed

under clause (a) of sub-section (4) of section 4;

(ba) “Chief Executive Officer” means the Chief Executive Officer of the Board

appointed under sub-section (1) of section 7;’.

Short title and

commencement.

RAJYA SABHA

————

The following Bill has been introduced in the Rajya Sabha on the 29th July, 2021:—

BILL NO. XXVI OF 2021

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EXTRAORDINARY

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PART II — Section 2

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PUBLISHED BY AUTHORITY

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

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REGISTERED NO. DL—(N)04/0007/2003—21

5 of 1979.

Amendment of

section 3.

सी.जी.-डी.एल.-अ.-30072021-228571

CG-DL-E-30072021-228571

सी.जी.-डी.एल.-अ.-30072021-228571

CG-DL-E-30072021-228571

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

3. In section 4 of the principal Act, in sub-section (4),—

(A)

for clause (a), the following clauses shall be substituted, namely:—

“(a) a non-executive Chairman, to be appointed by the Central Government;

(aa) the Chief Executive Officer, to be appointed by the Central

Government;

(ab) the Joint Secretary to the Government of India, in-charge of Mission

for Integrated Development of Horticulture, ex officio;”;

(B)

in clause (f), for sub-clause (ii), the following sub-clause shall be

substituted, namely:—

“(ii) Consumer Affairs;”;

(C)

for clauses (g), (h) and (i), the following clauses shall be substituted,

namely:—

“(g) four members to be appointed by the Central Government one

each to represent the Governments of the States of Andhra Pradesh,

Karnataka, Kerala and Tamil Nadu, being States where coconut is grown

on a large scale;

(h) four members to be appointed by the Central Government by

rotation in the alphabetical order to represent the States of Assam,

Bihar, Chhattisgarh, Goa, Gujarat, Maharashtra, Nagaland, Odisha,

Telengana, Tripura, West Bengal and the Union territories of Andaman

and Nicobar Islands, Lakshadweep and Puducherry;

(i) six members to be appointed by the Central Government, two to

represent the coconut growers of the State of Kerala and one each to

represent the coconut growers of the States of Andhra Pradesh,

Gujarat, Karnataka and Tamil Nadu;”.

4. For section 5 of the principal Act, the following section shall be substituted,

namely:—

“5. The Chairman and members of the Board shall receive such allowances as

may be fixed by the Central Government.”.

5. In section 7 of the principal Act,—

(a) for sub-section (1), the following sub-sections shall be substituted,

namely:—

“(1) There shall be a Chief Executive Officer of the Board, not below the

rank of Joint Secretary to the Government of India, to be appointed by the

Central Government.

(1A) The Chief Executive Officer shall exercise such powers and perform

such duties as may be prescribed.

(1B) The salaries and allowances payable to, and other conditions of

service of, the Chief Executive Officer shall be such as may be prescribed.”;

(b) in sub-section (2), for the word “Chairman”, the words “Chief Executive

Officer” shall be substituted;

Chief Executive Officer” shall be inserted;

Amendment of

section 4.

Substitution of

new section

for section 5.

Allowances

payable to

Chairman and

members.

Amendment

of section 7.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) in sub-section (5), for the words “The Chief Coconut Development

Officer”, the words “The Chief Executive Officer, the Chief Coconut Development

Officer” shall be substituted;

(e) in sub-section (7), for the words “the Chairman”, the words “the Chief

Executive Officer” shall be substituted.

6. In section 10 of the principal Act, in sub-section (2),—

(A) in clause (b), for the words “in India”, the words “within or outside

India” shall be substituted;

(B) in clause (i), the words “on a large scale” shall be omitted.

7. In section 19 of the principal Act, in sub-section (2), for clause (d), the following

clauses shall be substituted, namely:—

“(d) the powers to be exercised and the duties to be performed by the Chief

Executive Officer under sub-section (1A) of section 7;

(da) the salaries and allowances payable to, and other conditions of service of,

the Chief Executive Officer under sub-section (1B) of section 7;”.

Amendment of

section 10.

Amendment of

section 19.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Coconut Development Board Act, 1979 was enacted to provide for the development

of the coconut industry under the control of the Union and for matters connected therewith.

The Coconut Development Board was established on 28th January, 1981 under the said Act.

At present, the Board has an executive Chairman who is a Joint Secretary level officer in the

Government of India, appointed by that Government on deputation basis from amongst

officers of All India Services or officers in the Central Government or State Government or

Union territory Administration or recognised research institutes or Agricultural Universities

or public sector units.

2. For better management and administration of the Board and for the welfare of

coconut growers at large, it is proposed to make the post of Chairman a non-executive one.

It is also proposed to have a post of Chief Executive Officer of the Board to exercise all the

executive powers hitherto exercised by the Chairman of the Board. Thus, the work load shall be

shared between the non-executive Chairman and the Chief Executive Officer of the Board

resulting in better and effective management and administration of Coconut Development

Board.

3. The appointment of a non-executive Chairman would help in using his vast experience

in the area of coconut cultivation, production, marketing, etc., for better governance and to take

advantage of the new and emerging opportunities to keep pace with other economic entities.

It may also facilitate the management of the Coconut Development Board to do business more

innovatively and use resources in the most competitive and efficient manner and protect

the interests of coconut growers.

4. Under section 10 of the Coconut Development Board Act, 1979, the production and

marketing of coconut and its products and related activities are restricted to India only. It is

necessary to expand such activities beyond India and to compete in the global market as

India is already a member of International Coconut Community.

5. The Coconut Development Board (Amendment) Bill, 2021, inter alia, seeks to—

(i) make the post of Chairman a non-executive one so as to enable better

management and administration of the Board and for the welfare of coconut growers;

(ii) rename the present executive post of the Chairman as the Chief Executive

Officer, who shall exercise all the executive powers of the Board;

(iii) provide for other consequential matters relating thereto.

6. The Bill seeks to achieve the above objects.

NARENDRA SINGH TOMAR.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 3 of the Bill seeks to amend section 4 of the Coconut Development Board Act,

1979. Sub-clause (A) of said clause seeks to substitute clause (a) of sub-section (4) of said

section with new clauses (a), (aa) and (ab) which respectively provide for the appointment

of a non-executive Chairman, a Chief Executive Officer and an ex officio Joint Secretary to

the Government of India, in-charge of Mission for Integrated Development of Horticulture,

as members of the Board. Sub-clause (C) of said clause seeks to substitute clauses (g), (h)

and (i) of said sub-section, respectively providing for the appointment of four members

instead of existing three members, four members instead of existing five members and six

members instead of existing four members.

2. Clause 4 of the Bill seeks to substitute a new section for section 5 of said Act.

Section 5 as so substituted provides that the non-executive Chairman and Members of the

Board shall receive such allowances as may be fixed by the Central Government.

3. Clause 5 of the Bill seeks to amend section 7 of the said Act. Sub-section (1B) of

said clause provides for the salaries and allowances payable to, and other conditions of

service of, the Chief Executive Officer.

4. However, the salary and allowances which are being paid to the existing Executive

Chairman shall henceforth be paid to Chief Executive Officer. Further, the non-executive

Chairman shall not be entitled to any salary, but to only allowances. Also, there is an

addition of only two representatives of Coconut Growers from the States of Gujarat and

Andhra Pradesh as non-official members who shall not be entitled to any salary, but to only

allowances. The allowances so payable shall be for participation in the Board meetings,

committee meetings, farm visits and other official meetings and such allowances shall be as

fixed by Central Government in the rules made in this behalf.

5. This will involve expenditure of recurring nature, which would be a part of the

administrative expenditure of the Ministry. The exact expenditure which will be involved

under the proposed Bill will depend upon the number of meetings or visits to be attended

by the members of the Board. Hence, it is not practicable to make an exact estimate of the

recurring expenditure for the purpose at this stage.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill seeks to amend section 19 of the Coconut Development Board

Act, 1979 to empower the Central Government to make rules for (i) the powers to be exercised

and the duties to be performed by the Chief Executive Officer and (ii) the salaries and

allowances payable to, and other conditions of service of, the Chief Executive Officer.

The matters in respect of which rules may be made are matters of procedure and

administrative detail and it is not practicable to provide for them in the Bill itself. The

delegation of legislative power is, therefore, of a normal character.

__________

DESH DEEPAK VERMA,

Secretary-General.

MGIPMRND—506GI—29-07-2021.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II— SEC. 2]

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE AND

CONDUCT OF BUSINESS IN THE RAJYA SABHA AND UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS,

MINTO ROAD, NEW DELHI–110002

JAGANATHAN

ANANTHA

KUMAR

Digitally signed by

JAGANATHAN

ANANTHA KUMAR

Date: 2021.07.30

01:07:19 +05'30'