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REGISTERED No. D. (D)-72 The Gazette of India

EXTRAORDINARY

PART II—Section 3—Subsection (i)

PUBLISHED BY AUTHORITY

No. 27] NEW DELHI, WEDNESDAY, JANUARY 28, 1981/MAGHA 8, 1902 Separate paging is given to this Part in order that it may be filed as a separate compilation.

1253 GI/80—1

f59)

60 T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY [ P A RT I I —S E C. 3 ( i l] 61

62 THE GAZETTE OF INDIA : EXTRAORDINARY [PAKI II—SEC. 3($

64 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART II—SEC. 30)]

MINISTRY OF AGRICULTURE

(Department of Agriculture and Cooperation)

COCONUT INDUSTRY DEVELOPMENT CONTROL

NOTIFICATION

New Delhi, the 28th January, 1981

G.S.R. 34(E).—In exercise of the powers confeneti by sec- tion 19 of the Coconut Development Board Act, 1979 (5 of 1979), the Central Government hereby makes the following rules, namely:—

CHAPTER I

Preliminary

Short title and commencement.—(1) These rules may be called the Coconut Development Board rules, 1981.

(2) They shall come into force on the date of their publication in the official Gazette.

2. Definitions.—In these rules, unless the context otherwise requires,—

(a) "Act" means the Coconut Development Board Act, 1979 (5 of 1979);

(b) "Committee" means any of the committtees appointed

by the Board under sectjon 9;

(d) "Section" means a section ol the Act; (e) "Vice-Chairman" means the Vice-Chairman of the Board;

(f) "Chief Coconut Development Officer" means Chief Coconut Development Officer appointed under sub- section (2) of section 7;

(g) The word's and expressions used and not defined, but defined in the Act shall have the meanings respec- tively assigned to them in the Act.

CHAPTER II

The Board and Its Committees

3. Manner of filling vacancies among members.—(1) Ine Central Government may make such consultations as it may think fit, before appointing the representatives of the interests specified in clauses (f), (i), (j) and (k) of sub-section (4) of section 4.

(2) When a member of the Board dies or resigns or is aeem- ed to have resigned or is removed from office or becomes incapable of acting, the Central Government may by notifica- tion in Official Gazette appoint a person to fill that vacancy:

Provided that where the vacancy is one which was held by the outgoing member by virtue of his membership of Parliament under clause (e) of sub-section (4) of section 4. the appointment of the next incumbent of that vacancy shall be on the basis of fresh election by that House of Pnrhament to which the outgoing member belonged,

4. Term of office of members.—(1) Save as hereinafter provided*—

(i) a member shall hold office for a period not exceeding three years from the date of his appointment.

Hi) a member appointed under sub-section (4) of section 4 shall cease to be a member of the Board if he ceases to be a member of the House of Parliament by which he was so elected, or ceases to represent the category/interest from which he was so appointed:

Pi ovided that a member shall be eligible for re-appointment.

(2) A person appointed to fill a casual vacancy under sub- 'rule (2) of rule 3 shall hold office so long as the member whose place he fills, would have been enlitledi to hold ofticc. if the vacancy had not occurred.

5. Resignation—(1) The office of a member shall fall vacmn from the date on which his resignation is accepted or on the expiry of thirty days from the date of receipt of intimation of resignation, whichever is earlier.

(2) The power to accept the resignation of a member shall vest in the Chairman, who on accepting the resignation, shall report that to the Board at its next meeting.

6. Removal from Board,—The Central Government may remove any member from office—

(a) if he is of unsound mind and stands so declared by

a competent Court; ot

(b) if he is an undischarged insolvent; or

tude; or

(d) if without the leave of the Chairman, he fails to attend three consecutive meetings of the Board.

7^Ab"ence trom India.—(1) Before a member of the Board

goes out of India—

(a) he shalt intimate the Secretary the date of his depar- ture from and the date of his expected return to India;

(b) if he intends to be absent from India for a perloa longer than six months, he shall tender his resigna- tion.

8. Membership Roll.—The Secretary shall keep a recordi of

the names of members and their addrssses.

9. Change of addTess.—A member shall keep the Secretary informed of any change in his address and if he fails to ;nform the change of address, the address in the official records shall for all purposes be deemed to be his correct address.

10. Chairman.—The Chairman who shall also be the Chief Executive of the Boardi shall be appointed by the Govern- ment of India from amongst persons having knowledge ana experience of coconut production, development and processing.

11. Vice-Chairman.—(1) The Board shall elect, in euch year from amongst Its members, a Vice-Chairman for n period of twelve months commencing from the date of his election, or if the election is held before the expiry of the term of office of an existing Vice-chairman, from the dale on which such Vice-Chairman would vacate the office.

(2) If a casual vacancy occurs in the office of the Vice- Chairman on account of resignation or his ceasing to be a member or otherwise, the Board shall, at its next meeting, elect another member to be the Vice-Chairman who shall bold office for the unexpired portion of the term of the Vice- Chairman who has resigned or ceased to be a member of the Board.

CHAPTER HI

Travelling and other Allowances to members of the Board/ Committee under the Board and persons Associated by (he Board

12. Travelling: and other allowances to members of the Board and Its committees and persons associated with the Board under section 4(8) or co-opted a"j member of its com- mittees under section 9(2).—(1) A member of the Board -fir 'Is committee or a person associated with the Board under sec- Lion 4(8) or a person co-opted! as a member of a committee under section 9(2), other than a Government servant, shall be entitled to draw in respect of any journey performed by him for the purpose of attending a meeting of the Board or of a duly constituted committee thereof, or for the pur- pose of discharging any duty assigned to him by the Board or the committee concerned, travelling allowance and dally allowance at the highest rates admissible to Government servants of the first grade under the rules andi orders made by the Central Government and for the time being in force:

Provided that, the pavment of tr.welliiig allowance and daily allowance to the Members of the Parliament shall be regulated in accordance with the Salary. Allowances and Pen- sion of Members of Parliament Act, 1954.

(2) In the case of any journey performed by an official of the Central or the State Go/ernmcnt specially nominated by the Board to serve on nny ad hoc committee or any other committee or to attend to any other business of the Board, the travelling and daily allowances admissible to him shall be payahle by the Board, at the rates mlmissible to Inn) under the rules of the Government under which he is for the time being employed.

(3) No travelling allowance or daily allowance, Mull Ic allowed to a member of the Board or its committee or any other person associated by the Board or co-opted by its com- mittee unless he certifies that he has not drawn any travelling or daily allowance from any other source in Tespcct of the journey and halt for which the clnim is made,

(4) Travelling allowance shall be payable from the usual place of residence of a member or the person entitled under these rules, to the place of the meeting Or tha place where he has gone to attend to any business of the Board or any of its committees and back to his place of residence:

Provided that, when the journey comnrwnces from or the return journey terminates at any placs other than his usual place of residence, the travelling allowance shall be limited to the amount that would have been payable had the journey commenced from or terminated at the usual place of residence; or to the amount payable in respect of the actual Journey undertaken whichever is less :

Provided further that, in special circumstances and with previous approval of the Central Government, the Chairman may grant traveling allowance from places other than the usual place of residence of a member.

(5) The chnirman shall be the controlling officer for the purpose of travelling and daily allowance of the members of the Board or of any committee or the persons associated with the Board or co-opted as member of any committee.

13. Conveyance Allowance.—'No conveyance allowance, for attending meetings of the Board or any of the committees of the Board or for attending to any other business of the Board, shall be paid to those members or person's who draw travelling or daily nllowance:

Provided that, a member or a person who is resident at a place where the meeting of the Board or any of the committees is held or where any other business of the Board is transacted, may be paid the actual expenditure incwred on conveyance by him subject to a maximum of rupees ten per day.

14. Payment of fees.—Fees may be paid upto a limit of Rs. 1000/- to a person associated by the Board or to a person co- opted as a member of a committee of the Board for special work of occasional or intermittent character, in furtherance of the objectives of the Board and in compliance with any of the provisions of the Act:

Provided that, the admissibility of feea and its quantum in each case will be decided in accordance with the relevant rules and orders framed by (he Central Government :

Provided further thai, fees beyond the limit of Rs. 1000/- to one person during a year can be sanctioned o"ly with the prior approval of the Central Government.

15. Travelling and daily allowances, etc. for journey under- taken out side India.—No travelling allowance for any journey undertaken outside India shalj bo paid, to- any member of the Board or any Committee Or any person associated with the Board or co-opted as member of any Committee :

Provided that, if any member of the Board or any Committee with the previous consent of the Central Government, travels outside India in the interest of the Board, he shall be entitled to receive travelling- and other allowances at such rates as may be sanctioned by the Central Government from time to time for non-official members of a delenation aent bv it ouhide India.

CHAPTER IV

The Board and Ms Establishment

16. Board's Establishment.—(1) The Board may. subject to availability of funds either by inclusion of a. specific budget provision for the purpose or bv savings under an appropriate head Or by valid re-appropriation, sanction posts as provided for under sub-section (6) of section 7 and in accordance with the staff Regulations framed for the purpose with the approval of the Central Government, if in its opinion such creation of posts is considered necessary for the efficient performance of its functions:

Provided that no post carrying a pay or a scale of pav the maximum of which k above Rs. 1300 per mensem shall be created and appointments made thereto without the previous sanction of the Central Government:

(2) Subject to the conditions specified in sub-rule (1)

(a) the chairman may make appointments to Group 'C posts carrying a pay or a scale of pay, the maximum of which is less than Rs. 900 per mensem;

66 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART II—SEC. 3(i)I

(b> the chairman may make appointments to Group 'D'

posts also.

17. Abolition of posts.—The Board may abolish any post

which Jt is competent to create.

18. Filling of posts by direct recruitment.—All vacancies in the tank of officer? canying a pay, or a scale of pay, the maximum of which is above Rs. )200/-pei mensem or in any other po^ts classified as technical posts, to be filled by direct recruitment, shall be advertised, and all vncancies in other ranks shall be notified to the local Employment Exchange concerned, and other agen.ics, in accordance with rules and regulations in force in respect of vacancies tinder the Centrnl Government and appointments shall be made from among the persons mak- ing application in pursuance of the advertisement or the candidates recommended by the Employment Exchange, as the case may he.

19. Filling of posts by promotion.—In filling vacancies by promotion in respect of the categories of posts referred to in sub-rule (2) of rule 16, the Chairman shall consider the claims of all candidates eligible for promotion to sttch posts.

20. Pay, leave, allowance, etc.—The pay, Jeave allowances, pension and retirement benefits, and other conditions of service and other facilities and concessions such as advances of pay, advances for purchase of conveyances, construction of houses nnd the like, in respect of ail employees appointed by the Board, shall be regulated in accordance with such rules and regulations as nre for the time being applicable to officcts and employees of the Central Government of the correspond- ing grade* or status stationed at those places lill separate regulations are made by the Board.

• 21. Posting and liansfers.—Posting and transfers of all officers and employees of the Board shall be made by the Chairman in accordance with the staff Regulations framed with the approval of the Central Government but the Chair- man may delegate- this power to the other officers of the Board subject to such conditions as he thinks fit.

22. Sending persons abroad.—The Board shall not send any officer of the Board or any member of the Board to places outside India without the previous .sanction of the Central Government.

CHAPTER V

Powers of the Board, the Chairman nnd the Secretary

23. Power to incur expenditure.—(I) Subject to the provi- sions of the Act and thesr rules and the rules made and orders issued by the Centrnl Government telating to revenue arid expenditure for the time being in force, the Board may incur such expenditure as it may think, fit on items pro- • vided for and within amounts sanctioned by the Central •Government, in the budget.

(2) The re-nppropriations between sub-heads and heads of

expenditure may be made by the Board.

(3) Neither the Chauman nor any officer of the Board nor any member thereof shall be personally liable under any assurances or contracts made by the Board and any .liability arising under such assurances or contract shall be discharged from the moneys at (he disposal of [he Board.

25. Delegation of po^cis,—(1) The Board shall have power to delegate to a committee such powers as it deems fit.

(2) Every committee appointed by the Board shall exercise the powers conferred on it by or under the Act, subject to such instructions, directions or limitations, if any, as may be defined by resolution of the Board mid nil acts of every committee shall be subject to the control of the Board which may cancel, suspend or modify, as it thinks fit, any such act,

26. Restrictions or,¹ delegation of powers,—The Board shall not delegate any of the following cowers to any commilfec:—

(a) The powers to sanction nor-recuirlng expenditure in excess of Rs. 20,000 in respect of any single item and recurring expenditure which involves an outlay of more than Rs. 20,000 in a year on any single item ;

(b) the power to adopt the budget estimates of the Board

on its behalf;

fd) the power to create posts under section 7.

27. Financial transactions in general.—-Except as otherwise provided in these uilcs, the provisions of the Central Treasury Rules, the Delegation of Financial Power Rules, 1978 and the General Financial Rules, 1963 of the Central Government, for the time being in force, shall, subject to such modifica- tions or adaptations as may he made by the Board therein with Ihe previous approval of the Cenfr.il Government apply to all financial transactions of the Board.

28. Powers and duties of Chairman.—fli The Chairman shall, as the Chief Executive of the Board, be responsible for the proper functioning of the Board implementing the Board's policies and the discharge of its functions as providr ed under the Act and the duties under these rules and the regulations framed by the Board,

(li) to sanction expenditure, subject to the piovisions of uilc 26, iur contingencies, supplies and scivices ^nd purc'ia t; of nrticlcs required ioi the niaiiUcn^iiLt and working of the office or the Board, and

iiii) to cany out the measures in fuithciance of the objeeb of the Act, as piovided for under section 10

(7) The Chairman m;iy hy oidc, in wjiting, delegate any of his powers under sub-iule (6) to any other officer of the Boaid.

(8) The Chairman shall have powei to require the Board oi any committee theicot to defer taking action in puisuunce of any decision taken by the Board or the committee, as the case may be, pending Li irferen'-C to the Ccntial tjuvem- ment on such decision.

IS)) Wheie a matter hus to be disposed of b> the Buaid oi a committee thetcof and decision in respect of that matter canno: wait till a meeting of ihe Board or the committee, us the case may be, is held or till completion of circulation of the relevant papers among the members of the Boaid or the committee, the Chairman may take required decision himself.

(10) Where the Chairman takes such decision, he shall sub- mit the same for ratification by the Board or the committee, as the case may be, at its next mating:

Provided that, it the Board or the committee modifies or annuls the decision taken by the Chairman, such modification or annulment shall be without prejudice to the validity ol any action taken before such modilicalijn or cancellation.

29. Powers and duties of Vice-Chan man.—The Vicc-Chair- man shall preside over the meetings of the Board and its committees in the absence of Chairmin and shall exercise such powers and perform such functions of the Chairman a^ may be delegated to him by the Chairman.

30. Powers and duties of the Chief Coconut Development Olficcr.—The Chief Coconut Development Officer shall func- tion as the Head of the technical wing of the Board under the Chairman and shall exercise such powers and perform such duties as may be delegated to him by the Chairman,

31. Powers and duties of Secretary.—(1) The Secretary shall be responsible for the implementation of the decisions arrived at by the Board or by its committees and the dis- charge of the duties imposed on him under the Act or by these rules,

(21 Subject to such powers and duties as may be delegated

by the Chairman, the Secretary shall—

(a) cause all important papers and matters to be present-

ed to the Board as early as practicable;

(b) issue directions as to the method of caiTying out

the decisions of the Board ;

received under the Act;

(d) maintain or cause to be maintained an account of the receipt and expenditure of the Board and also the various registers that may be preset ibed for the Board under the Act or these rules ;

(cj present an annual draft report on the working of the Board to the Board for apm-oval and submit the report in the form ipprovcd by the Board to the Central Government not later than the dates speci- fied from time to time in this behalf bv the Cential Government for being laid on the table cf both Houses of Parliament ; find

(f) assist the Chairman in nil administuitive matters and

CHAPTER VI

FINANCE, BUDCKT AND ACCOUNTS OF IHE BOARD

32. Budget Estimates.—(1) The Board, shall in each year, prepare budget estimates for the ensuing financial year and levised estimates for the current year and shall submit it for sanction to the Central Government on or before such date as nriy be facd by the Government. The revised budget when sanctioned shall supersede the origin.il budget and shall be deemed to be the sanctioned budget for the year.

(2) No expenditure shall be incurred until tho budget is sanctioned bv the Central Government and the expenditure has received the sanction of the competent authorities.

(3) Tho budget shall be piepared in accordance with such instructions as may be issued irom time to time and be in such form as the Central Government mav direct. It shall include a statement of.—

li) the estimated opening balance;

(r) Lh? estimated receipts refencd to in sub-section IIV

of section 13 of the Act; and

(iii) the estimated expenditure classified under the follow- ing heads and sub-head or such other heads and sub-heads as the Central Government may direct namclv :—

He.uK :

(a) Administration •, ib) Development of coconut production including promo- tion of co-operative efforts among coconut growers and assistance for improved methods of cultivation ;

its products including grading;

(d) Research On coconut and its products;

city ;

(f) Statistics ;

(j;) Works ; and

(h) Miscellaneous.

Sub-heads :

(a) Salaries ;

(b) Wages ;

(d) Office expenses;

(e) Machinery and equipment;

(f) Materials and supply:

(g) Rents, rates and taxes ;

(h) Publications ; and

(i) Other charges;

Ifv) Programme of activities for the ensuing financial

year.

14) Supplementary estimates of cxpendituic, if any, shall be submitted for the sanction of the Central Government in such form and on such dates as may be directed by it in this behalf.

33. Accounts of the Board.—(1) The Board shall mainidin accounts of all receipts and expenditure relating to each year and maintain records in such a manner as to prepare annuallv the receipts and payment account and income and expendi- ture account and a balance sheet. These accounts shall be approved by the Boaid and submitted to Auditors.

in disdiaigc of such (*he>r func/ions as' t ic Clint i¹^ man may direct, i

1?S3 GllYft- 1

(2) The annual accounts of the BoarJ as mentioned in sub- rule (1), LoBfther with Auditor'. Rrport thereon, as piovid- eil under section 15 (4) of the Act, shall be submitted annually to the Central Government as soon as possible after the close, of the year, nnrl ir^ any, .qa,sj;, not later than the dates snettflt'd in this bchplf bv fh'e Central Government for being lnid on the tables of both Hbu'scs of Parliament.

oo THE GAZETTE OF INDIA : EXTRAORDINARY

(3} Without picjudice to anything contained in this mle the Boaid shall, artei the end ot cacti linancial ye.", submit to the Cential Covcrnfnent a lcpoit in a foim to be decided by the t enlial Government giving it tiuc and full account of its HLnvities, policy and piogrammes dunng tho previous fininLi.il year latest by thr 10th June

T4 Deposit ot funds of the Boaid in t)anks and mvestmenr

of Mich funds—(I) Money requncd for the cuirent expend! inn; of i he Board with the exception of petty cash, and sur plus moneys shall be kept in Current account in the State Bank ot India 01 any of the nationalised banks and cpeinted as pci leqtllrements and expenditure shall hi incurred only afta sanction thereof by withdrawing modi y from this Account

'2) I unds in the Bomd's Pension Fund or Provider^ Fund, not leqnired for currant expcndituie, nny be invested in Trustee Securities oi Ten Year rl reasury Savings Deposit Ceilificutts oi National Savings Certificates oi National Defence Certificates, to the extent peimissible oi in fined deposit with the State Bank of India oi any of its subsidianes or, if approved by the Central Government, with any other scheduled bank

(3) Payment by or on behalf of the BO.IH' shall be made in cash oi by cheque drawn against the current Recount of the Hoard.

(4) Such cheques and all oiders foi making deposit or investments or withdrawal of the same, or for the disposal

|PART 1 1- S EC 3

in any other manner, of the funds "f the Bouid shall he signed by the Secretaiy and coiinfei signed by the Chairman HI m the absence of the Chairman, any other officer of the Boaid duly aulhonsed by him

t HAPTER VII

MISCELLANEOUS

36 Repoits and leturns—(1) Flic Chauman oi any othci officer authorised by the Chairm in shall have pouer to call foi any information on statistics in iespect ol coconut oi any other p oduct of coconut fio/n —

li) glowers of coconut ,

(n) dealeis in coconut ot copia including? copra mi ling

industry ,

(ml manufacturers oi coconut pioduct , ani.1

dv) any person or firm or company or any other nistitu

tioft dealing in, or having any connection with coconut industry or cOtonut piodutts

(2) The Board shall furnish a programme of its activities including developmental programmes for each financial vear In advance and not later than 11st December of the cunent financial year

[No F 12(I6)/7S L \ II

ft C SOOD Addl Secy

P R I N t to *Y TBE MANAGER, OOVT. OF INDIA FBEBS, MNO R0A0, NEW DELHI-110064

KSt) PUBLISHED BY THE CONTROLLER OF TOBLICAT1ONS, DELHI-110054, 1981

nnd duties under sub-ru'e (I), anpro- nmfe men'ureo nre taken to protect the interests of small farmer nnd nrnrtucsrs so that .they ninv become participant* in "nrf beneficiaries of, the development and jzrnwth of coco- nut industry. (3) The Board shall not incur expenditure outside India on any item without the previous sanction of the Central Government. O) «>'bi'vf tn the m-nvisinns of 'hese uilcs, the Chairman may delegate his powers under this rule to anv other officer of (he Board. 24. Contracts.—(I) The Board may enter ipto any contract 'for the discharae of the functions Entrusted to it under th« Act: Provided that— (4) The Chairman shall have the power to cranf leave to all officers and employees of the Board and may delegate this power to any other officer of (he Board subiecf to such conditions as he thinks fit, (a) every contract which extends over a period of more than three years or involves an expenditure in excess of rupees one lakh ; and (!) The Chairman shall exercise administrative control over all departments and officers of the Board including the Chief Coconut Development Officer and the Secretary. (ft) The Chairman shall have powers,-« (b) every agreement or contract for ti«chnr"1 f-ollahorntion or consultation services vj;'i firms ov foreign Gov- ernments shall require V,;: "••;'iou s inetfon of the Ceplinl Government. ,(2) Contracts shall not h; bin-Iii-n rn -Jie Board unless they are executed by th" rhaiiman rn- '";- officer authorised by the Board. fi) to call for documents and records and' to insnect or cause to be inspected, accounts and places of storage or of business as required under the Act or these rules or as may be considered necessary fo-- discharg- ing properly any of the functions of the Board ↩