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

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

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;

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) The Board shall not incur expenditure outside India

on any item without the previous sanction of the Central

Government.

24. Contracts.—(I) The Board may enter ipto any contract

'for the discharae of the functions Entrusted to it under th«

Act:

Provided that—

(a) every contract which extends over a period of more

than three years or involves an expenditure in excess

of rupees one lakh ; and

(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.

(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;

cess of Rs. 2,500 in the case of any single item ;

and

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,

(2) It shrill be the responsibility of the Chairman to

ensure that in carrying out the functions and duties under

inb-rule ft), the Board works In close liaison with (he Stale

Governments, Union nnd other Agencies

institutions and

authorities such as (he Indian Council of Agricultural Research,

Directorate of Marketing and Inspection. Coir Board, the

Agricultural Universities in the coconut growine state?, the

Kera'n State Coconut Development Corporation and other

institutions and oicflnisntions concerned with the coconut

industry and avoid= duplication of efforts. Tt shall also be

the responsibility of the Chairman to ensure thnt in onnjr-

iiif our (he function¹: 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.

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.

(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,

(!) 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,-«

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

(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

(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

in disdiaigc of such (*he>r func/ions as' tic Clint i¹^

man may direct,

1?S3 GllYft- 1

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 ;

<ul Improvement of maiketing facilities for coconut and

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.

(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.

THE GAZETTE OF INDIA : EXTRAORDINARY

|PART 11-SEC

3<XIJ

(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

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

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

PRINtto *Y TBE MANAGER, OOVT. OF INDIA FBEBS, MNO R0A0, NEW DELHI-110064

KSt)

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