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CARDAMOM ACT, 1965
42 of 1965
9th December, 1965
An Act to provide for the development under the control of the Union of the cardamom industry. Be it enacted by Parliament in the Sixteenth Year of the Republic of India as follows :-
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Cardamom Act, 1965.
(2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the control of export of cardamom from India and import thereof into India.
(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dales may be appointed for different provisions of this Act,
SECTION 02: 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 cardamom industry.
SECTION 03-33: REPEALED
[Repealed by the Spices Board Act (10 of 1986), S.42 (26-2-1987)].
1. Ss. 14 and 15 were enforced from 1-4-1966-see G.I., 19-3-66, Pt. II.S. 3 (i), p. 428; whole of the remaining Act, except Ch. III. has come into force on 5-4-1966, see G. 1. 16-4-66, Pt. II.S. 3 (i), p. 619; Ch. Ill was enforced on and from 12-7-1966. see G. 1.. 23-7-66. Pt. II.S. 3 (ii), p. 2108; Act was extended to Sikkim on 22-7-1983 and was enforced in Sikkim on 16-1-1984. See Gaz. of Ind.. 29- 7.1983, Pt.II-S.3(ii) Ext., p. 4 and Gaz. of lnd" 16-1-1984. Pt. II.S. 3(ii) Ext.. p. 2 respectively.
CARDAMOM RULES, 1966
This Act has been repealed by the Spices Board Act, 1986 (10 of 1986), but rules under this Act are printed for the benefit of those who may have to refer to old rules. G.S.R. 25, dated 24th December, 1968.-The Cardamom Rules, 1966, made under Sec. 33 of the Cardamom Act, 1965 (42 of 1965), incorporating all the amendments, are hereby republished for general information.
CHAPTER 01: PRELIMINARY
RULE 01: SHORT TITLE
-These rules may be called the Cardamom Rules, 1966.
RULE 02: DEFINITIONS
-In these rules, unless the context otherwise requires,-
(a) "Act" meansthe Cardamom Act, 1965 (42 of 1965)-;
(b) "Committee" means any of the Committees appointed by the Board underSec. 8-;
(c) "member" means a member of the Board;
(d) "Secretary" means the Secretary to the Board;
(e) "section" means a section of the Act;
(f) "Vice-Chairman" means the Vice-Chairman of the Board;
(g) "year" means the year as defined in the Act except for the purpose of preparing a budget out of the Cardamom Fund of the Board in which case year shall mean the financial year.
CHAPTER 02: BOARD AND ITS COMMITTEES
RULE 03: CONSTITUTION OF THE BOARD
- (1) The Board shall consist of a Chairman, the members specified in CIs. (b). (c) and (d) of subsection (3) ofSec. 4-and fifteen other members representing other interests specified in sub-rule (2).
(2) Of the aforesaid fifteen members,-
(a) three members shall represent the principal cardamom growing Slates, one representing each of the States of Kerala, Madras and Mysore, to be appointed in consultation with the respective State Government;
(b) six members shall represent the cardamom growing interests in the three principal cardamom growing States of Kerala, Madras and Mysore; of these six, not less than three shall represent the registered owners owning land planted with cardamom plants the area of which is less than twenty acres whether such land is comprised in one estate or more;
(c) two members shall represent the cardamom trade interests of which one at least shall be from the State of Maharashtra;
(d) two members shall represent the interests of labour;
(e) one member shall represent the consumers; and
(f) one member shall represent such other persons or class of persons as in the opinion of the Central Government ought to be represented on the Board.
(3) The Central Government may make such consultations as it may think fit before appointing the representatives of the interests specified in CIs. (b) to (f) of sub-rule (2).
RULE 04: APPOINTMENT OF COMMITTEES
(1) The Board may appoint every year the folloving Committee, namely,-
(a) Executive Committee.-An Executive Committee consisting of,-
(i) the Chairman who shall be lhe ex-officio Chairman of the Committee:
(ii) the Vice-Chairman;
(iii) the Director;
(iv) one of the three members representing the .Governments of Kerala, Madras and Mysore, sitting on the Committee by rotation fur one year beginning with the representative of the Government of Kerala;
(v) the member representing the Ministry of Finance of the Central Government; and
(vi) one other member to be elected by the members of the Board from amongst the members representing the cardamom-growing interests. .
1[(vii) the member representing the Indian Council of Agricultural Research to be nominated by.the Indian Council of Agricultural Research.]
(2) The Committees shall function for a period of twelve months or until such time that these are reconstituted.
(b) Research and Development Committee.--A Research and Development Committee consisting of-
(i) the Chairman, who shall be the ex-officio Chairman of the Commiltee;
(ii) the Vice-Chairman;
(iii) the Director;
(iv) the three members representing the Governments of Kerala, Madras and Mysore;
(v) the member representing the Ministry of the Central Government dealing with agriculture; and
(vi) two members to be elected by the members of the Board from amongst the members representing the cardamom-growing interests:
(c) Propaganda Committee.-A Propaganda Committee consisting of -
(i) the Chairman, who shall be the ex-officio Chairman of the Committee;
(ii) the Director;
(iii) the member representing the Ministry of the; Central Government dealing with commerce;
(iv) the two members representing the cardamom trade interests; and ..
(v) two other members to be elected by the members of the Board in such manne as may be laid down by lhe Board.
(d) Labour Welfare Committee.--A Labour Welfare Committee consistinof- .
(i) the Chairman, who shall be the ex-officio Chairman of the Committee;
(ii) the three members representing the Government of Kerala, Mysore and Madras;
(iii) the member representing the Ministry of Finance of the Central Government; Civ) two representatives of labour; and
(v) two members to be elected by the members of the Board from amongst the members representing the cardamom-growing interests."
RULE 05: TERM OF OFFICE OF MEMBERS
- (1) Save as hereinafter provided, a member shall hold office for such period not exceeding three years as may be specified in the notification appointing him and shall be eligible for reappointment : Provided that a member elected or appointed under CIs. (c), (d) or (e) of sub-section (3) ofSec, 4-shall cease to be a member if he ceases-
(i) to be a member of the House of Parliament by which he was elected; or
(ii) to hold the office by virtue of which he was appointed; or
(iii) to represent the category from which he was appointed.
(2) A member elected or appointed to fill a casual vacancy shall hold office as long as the member whose place he fills would have been entitled to hold office if the vacancy had not occurred.
RULE 07: CHANGE OF ADDRESS
,-A member shall keep the Secretary informed of any change in his address. If he fails to inform the change of address, the address in the official records shall for all purposes be deemed to-be his address.
RULE 08: RESIGNATION
- (1) A member of the Board or of a Committee' may resign his office by a letter addressed to the Secretary.
(2) The office of a member of the Board or of a Committee shall, fall vacant from the date on which his resignation is accepted by the Chairman of the Board or of the Committee, as the case may be, or on the expiry of thirty days from the date of receipt of intimation of resignation whichever is earlier.
RULE 09: REMOVAL OF MEMBERS
-The Central Government may remove any member from his office,-
(a) if he is of unsound mind and stands so declared by a Competent Court; or
(b) if he becomes bankrupt or insolvent or suspends payment of his debts or compounds with his creditors; or
(c) if he is convicted of an offence involving moral turpitude; or
(d) if he absents himself from two consecutive meetings of the Board without the leave of the Chairman, and in any case from three consecutive meetings; or
(e) if he defaults in payment of any dues to the Board, and is so declared by the Board.
RULE 10: ABSENCE FROM INDIA
- (1) Before a member departs from India,-
(a) he shall intimate the Secretary the date of his departure from, and the date of his expected return to, India; and
(b) if he inlends to be absent from India for a period longer than six months, he shall tender his resignation.
(2) If a member leaves India without fulfilling the conditions specified in sub-rule (1), he shall be deemed to have resigned his office with effect from the date of his departure from India.
RULE 11: VICE CHAIRMAN
(1) The Board shall elect, in each year from amongst its members, a Vice-Chairman for a 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 date on which such Vice-Chairman vacates his office.
(2) In the event of the Vice-Chairman resigning his office as such or ceasing to be a member under any of the provisions of these rules, the Board shall at its next meeting elect another member to be Vice-Chairman for the unexpired portion of the term of office of the Vice-Chairman elected under sub-rule (1).
(3) If, however, the election is not held within a period of twelve months, the existing Vice-Chairman shall continue to hold office till the election is held.
RULE 12: FUNCTIONS OF THE COMMITTEES
- (a) Executive Committee.-Subject to such restrictions as may be imposed by the Board, the Executive Committee shall, in addition to such functions as have been specifically assigned to it under these rules, discharge any other functions of the Board in regard to matters not specifically assigned hereunder to the Research and Development Committee or the Propaganda Committee.
(b) Research and Development Committee.-Subject to such restrictions as may be imposed by the Board, the Research and Development Committee shall discharge all the functions of the Board in regard to the promotion of agricultural and technological research in the interests of the cardamom industry in India and in regard to measures that may be undertaken for the development of cardamom estates in India.
(c) Propaganda Committee.-Subject to such restrictions as may be imposed by the Board, the Propaganda Committee shall discharge all the functions of the Board in regard to such measures as may be undertaken for promoting the sale and increasing the consumption in India and elsewhere of cardamom produced in India.
CHAPTER 30: PROCEDURE FOR MEETINGS OF THE BOARD AND ITS COMMITTEES
RULE 13: MEETING OF THE BOARD
-There shall be not less than two ordinary meetings of the Board in a year on such dates and at such places as the Chairman may think fit and the interval between any two ordinary meetings shall not, in any case, be longer than eight months.
RULE 14: POWER TO CALL MEETINGS
- (1) The Chairman may, at any time, call a meeting of the Board or of any of the Committees, and shall do so if a requisition for a meeting is presented to him in writing by at least eight members in the case of a meeting of the Board and half the total number of members in the case of a meeting of a Committee.
(2) The Chairman may require any officer of the Board or invite any persor or persons to attend any meeting of the Board or of any of the Committees, but such officer or person or persons shall not have the power to vole.
(3) At least fourteen clear days before any meeting of the Board and at least ten clear days before a meeting of any of the Committees, notice of the time and place of the intended meeting signed by the Secretary shall be sent to the Central Government and left at or posted to the address of every member of the Board or, as the case may be, of the Committee: Provided that in cases of urgency, a special meeting of the Board or of any or more of the Committees may be summoned at any time by the Chairman, who shall inform in advance, the Central Government and the members, of the subject-matter for discussion and the reasons for which he considers the summoning of such meeting urgent. No ordinary business shall be transacted at such special meetings.
(4) Notwithstanding anything contained in this rule, the Central Government may also, at any lime, call a meeting of the Board.
RULE 15: QUORUM
- (1) No business shall be transacted at a meeting of the Board unless there are present at least eight members and no business shall be transacted at a meeting of a Committee unless there arc present a majority of the members constituting the Committee.
(2) If at any time the number of members present in a meeting of any of the Committees is less than the required quorum, the person presiding shall adjourn the meeting to a date not later than three days from the date of the meeting informing the members of the Committee of the date time and place of the adjourned meeting;2[and if the number of members present at such adjourned meeting is less than the required quorum, the members so present shall be the quorum.]
RULE 16: ABSENCE FROM MEETINGS OF A COMMITTEE
-Any member of a Committee absenting himself from two consecutive meetings of such Committee without the leave of the Chairman, and in any case, from three consecutive meetings, shall cease to be a member of that Committee.
RULE 17: FILLING OF CASUAL VACANCIES
- (1) Any casual vacancy in the membership of a Commillee shall be filled by the remaining members of the Committee from amongst the member of the Board.
(2) A person appointed in a casual vacancy shall hold office so long as lhe member whose place he fills would have been entitled to hold office, if lhe vacancy had not occurred.
RULE 18: PRESIDING OVER MEETINGS
-At every meeting of lhe Board or of any of lhe Committees at which he is present, the Chairman shall preside and, in his absence-
(i) at a meeting of the Board, lhe Vice -Chairman shall preside; and
(ii) at a meeting of the Committee, the Vice-Chairman, if he is a member of that Committee, shall preside, but if both the Chairman and the Vice-Chairman are absent, lhe members present at the meeting shall elect one from among themselves to preside at lhe meeting.
RULE 19: AGENDA
(1) The Chairman shall cause to be prepared and circulated to lhe Central Government and among the members of lhe Board or of any of lhe Committees at least ten days before an ordinary meeting of lhe Board or of such Committee, a list of business to be transacted at that meeting.
(2) No business not included in lhe agenda shall be transacted without the permission of the Chairman.
RULE 20: BUSINESS BY CIRCULATION
(1) Any business which is to be transacted by the Board or a Committee may, if the Chairman so directs, be referred to members (other than members who are absent from India) by circulation of papers, and copies of all papers so circulated shall be sent to the Central Government.
(2) Any proposal or resolution circulated under sub-rule (1) and approved by the majority of members who have recorded their views in writing shall be as effectual and binding as if such proposal or resolution were decided by the majority of the members at a meeting: Provided that at least eight members of lhe Board or a majority of lhe members of the Committee, as the case may be, have recorded their views on the proposal or resolution: Provided further that when a proposal or resolution is referred to the members by circulation, any five members of lhe Board or three members of any of the Committees asthe case may be, may require that the proposal or resolution be referred to members at a meeting, and thereupon such reference shall be made to members at a meeting of the Board or of the Committee, as the case may be.
(3) When any business, is referred to members of the Board or of the Committee, as the case may be, by circulation, a period of not less than ten clear days shall be allowed for receipt of replies from members. Such period shall be reckoned from the date on which the notice of business is issued.
(4) If a proposal or resolution is circulated, the result of the circulation shall be communicated to all the Members of the Board or of the Committee concerned, as the case may be, and io the Cental Government.
(5) All decisions on question arrived at by circulation of papers shall be placed at the next meeting of the Board for record.
RULE 21: RECORD OF BUSINESS
(1) A record shall be maintained by the Secretary, of all items of business transacted by the Board or by the Committee and copies of such record shall be forwarded to the Central Government.
(2) The record of business transacted at every meeting of the Board and of any of the Committees shall be signed by the Chairman or the Vice-Chairman or the member presiding at such meetings.
(3) When a business is transacted by circulation of papers, a record of business so transacted shall be signed by the Chairman.
RULE 22: VOTING
(1) Every question brought before any meeting of the Board or its Committees shall be decided by a majority of members present and voting at the meeting before which the matter is brought.
(2) In the case of an equality of votes, the Chairman or the Vice-Chairman or the members presiding over the meeting shall have a second or casting vote.
RULE 23: REVISION
(1) The Central Government may, for reasons to be recorded in writing, review any decision of the Board, or its Committees and pass such order in the matter as it thinks fit.
(2) A copy of every order passed under sub-rule (1) shall be sent to the Board or the Committee concerned, as the ca$e may be, by the Central Government.
(3) On receipt of a copy of the order as aforesaid, the Board or the Committee, as the case may make a representation to the Central Government against the said order and the Central Government may, after considering the representation, either cancel, modify or confirm the order passed by it under sub-rule (1) or take such other action in respect of lhe matter as may, in the opinion of the Central Government, be just or expedient, having regard to all the circumstances of the case.
CHAPTER 04: TRAVELLING AND OTHER ALLOWANCES TO MEMBERS OF THE BOARD
RULE 24: TRAVELLING AND OTHER ALLOWANCES TO MEMBERS OF THE BOARD AND ITS COMMITTEES
(1) A member 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 purpose of discharging any duty assigned to him by the Board or the Committee concerned, travelling allowance and daily allowance at the highest rates admissible to Government servants of the first grade under the rules and orders made by the Central Government and for the lime being in force.
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