"1. The coir industry has definite role to play in our national economy. It is of very great economic importance to Travancore-Cochin where it is concentrated and also, from the point of view of earning foreign exchange, of importance to the whole country. It has, however, been passing through acute depression since the middle of 1952, as a result of a marked decline in exports. With a view to controlling production, improving its quality, weeding out the undesirable elements in the export trade and developing the internal market so as to reduce the industry's dependence on exports, it is considered necessary to establish a Statutory Board on the lines of Boards set.up for other plantation industries. 2. In order to finance the development of this industry, it is proposed that aduty up to Rupees one per cwt. should be levied on coir fibre, coir yarn us well as coir mats and matting exported. The levy at the maximum rate is expected to yield appropriately Rs. 12 lakhs per yer. The proceeds will be allocated to the Board for the improvement and expansion of the coir industry. 3. The object of the Bill is to take powers for setting up a Statutory Board and for imposing the proposed duty on customs."-Gaz. of Ind., 26 -3-1953, Pt. II S. 2, p. 159.
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:- This Act has been made applicable to French Establishments in India, (now known as Union Terriroty of Pondicherry) by French Establishments A.L.O., 1954(1-11-1954). It has been extended to the Union Territory of Goa. Daman and Diu by Regulation 11 of 1963 (w.e.f. 1-2- 1965): Goa is now a State.
CHAPTER 01: PRELIMINARLY
SECTION 01: 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 Kahmir.
(3) It shall come into force on such date2as the Central Government may, by notification in the Official Gazelle, appoint.
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 coir industry.
SECTION 03: DEFINITIONS
In this Act, unless the context otherwise requires, -
(a) "Board" means the Coir Board constituted undersection 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" mean" 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 02: COIR BOARD
SECTION 04: 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 established3for 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.
SECTION 05: 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 Board; or
(b) any omission, defect or irregularity not affecting the merits of the case.
SECTION 06: 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 07: 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 08: 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 09: 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 maybe 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 shall be the duty of the Board to promote by such measures as it thinks fit the development under the control of the Central Government of the coir industry.
(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may relate to-
(a) promoting exports of coir yarn and coir products, and carrying on propaganda for that purpose
(b) regulating under the supervision of the Central Government the production of husks, coir yarn and coir products by registering coir spindles and looms for manufacturing coir products as also manufacturers of coir products, licensing exporters of coir, coir yarn and coir products and taking such other appropriate exporters of coir, coir yarn and coir products and taking such other appropriate steps as may be prescribed;
(c) undertaking, assisting or encouraging scientific technoligical and economic research and maintaing and assisting in the maintenance of one or more research institutes;
(d) collecting statistics from manufcturers of, and dealers in, coir products and from such other persons as may be prescribed, on any matter relating to the coir industry; the publication of statistics so collected or portions thereof or extracts therefrom;
(e) fixing grade standards and arranging when necessary for inspection of coir yarn and coir products;
(f) improving the marketing of cocunut husk, coir fibre, coir yarn and coir products in India and elsewhere and preventing unfair competition;
4[(ff) setting up or assisting in the setting up of factories for the production of coir products with the aid of power;]
(g) promoting co-operative organisation among producers of husk, coir fibre and coir yarn and manufacturers of coir products;
(h) ensuring remunerative returns to producers of husks, coir fibre and coir yarn arid manufacturers of coir products;
(i) licensing of retting places and warehouses and otherwise regulating the stocking and sale of coir fibre, coir yarn and coir products both for the internal market and 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 its functions under this section in accordance with and subject to such rules as may bemade by the Central Government.
SECTION 11: DISSOLUTION OF THE BOARD
(1) The Central Government may, if the Board docs 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 acts5[* * *] contrary to the directions given by the Central Government, call upon the Board to show cause why the Board should not bedissolved 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.
CHAPTER 03: CONTROL OVER THE EXPORT OF CQIR FIBRE. COIR YARN AND COIR PRODUCTS
SECTION 12: CONTROL OF EXPORT OF COIR FIBRE, COIR YARN AND COIRPRODUCTS
No coir fibre, coir yarn or coir products shall be exported otherwise than under a licence issued by or on behalf of the Board in the prescribed manner, and the provisions ofthe Sea Customs Act, 1878-shall have effect as if the provisions made by this section had been made by notification issued underSection 19of that Act: Provided that nothing herein contained shall apply to any coir product dispatched out of the territories to which this Act extends by post or carried in a passenger's luggage for his personal use: Provided further that the Central Government may exempt from the operation of this section either absolutely or subject to specified conditions, the export of any coir fibre, coir yarn or coir product to any foreign settlement bounded by India.
CHAPTER 04: FINANCE, ACCOUNTS AND AUDIT
SECTION 13: IMPOSITION OF A DUTY OF CUSTOMS ON EXPORT OF COIR FIBRE, COIR YARN AND COIR PRODUCTS
(1) With effect from such date as may be specified by the Central Government by notification in the Official Gazette, there shall be levied and collected as a cess for the purposes of this Act a duty of customs on all coir fibre, coir yarn and coir products which are exported6[at such rate not exceeding two rupees per quintal] as the Central Government may, by the same or a like notification from time to time, fix.
(2) The cess levied under sub-section (1) shall be in addition to any other duty leviable underthe Indian Tariff Act, 1934or any other law for the time being in force and shall be collected by such agencies and in such manner as may be prescribed.
SECTION 14: PAYMENT OF PROCEEDS OF CESS TO THE BOARD
The proceeds of the cess levied under sub-section (1) of section 13-shall first be credited to the Consolidated Fund of India and the Central Government may thereafter from time to time pay to the Board from and out of such proceeds such sums of money as it may think fit after deducting the expenses of collection.
SECTION 14A: GRANT BY THE CENTRAL GOVERNMENT TO THE BOARD
The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Board by way of grants, such sums of money us the Central Government may consider necessary.]
SECTION 15: CONSTITUTION OF FUND
(1) There shall be formed by the Board a fund to be called the Coir Fund and there shall be credited thereto-
(a) the proceeds of the cess made over to the Board by the Central Government;
(b) any other fee that may be levied and collected under this Act or the rules made thereunder;
8[(c) any sum of money that may be paid by way of grants undersection 14A.-]
(2) The Fund shall be applied towards meeting the expenses of the Board and the cost of the measures referred to insection 10-.
SECTION 16: BORROWING POWERS OF BOARD
Subject to such rules as may be made in this behalf, the Board shall have power to borrow on the security of the Fund or any other asset for any purposes for which the Fund may be applied.
SECTION 17: ACCOUNTS AND AUDIT
[ (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profit and loss account and the balance-sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor- General of India.
(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be prescribed by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Board shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with audit of Government accounts, and in particular, shallhave the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.
(4) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.]
CHAPTER 05: CONTROL BY THE CENTRAL GOVERNMENT
SECTION 18: GENERAL CONTROL OVER ACTS AND PROCEEDINGS OF THE BOARD
(1) All acts and proceedings of the Board shall be subject to the control of the Central Government which may cancel, suspend or modify as it thinks fit any action taken by the Board.
(2) The Board shall carry out such directions as may be issued to it by the Central Government for the efficient administration of this Act.
(3) The records of the Board shall be open to inspection at all reasonable times by any officer authorized in this behalf by the Central Government.
SECTION 19: REPORT AND RETURNS
13 [(1) The Board shall submit to the Centra) Government and such other authority, as may be prescribed, an annual report on its activities and the working of this Act for the preceding year: and a copy of every such, report shall, as soon as may be after it is received by the Central Government, be laid before each House of Parliament.]
(2) The Board shall prepare and submit such other returns relating to the coir industry as may be required by that Government from time to time.
CHAPTER 06: MISCELLANEOUS
SECTION 20: PENALTIES
(1) If any person contravenes the provisions ofsection 12-. he shall be punishable with fine which may extend to five hundred rupees.
(2) Any person who attempts to contravene or abets the contravention of the provisions of section 12-shall be deemed to have contravened those provisions.
SECTION 21: OFFENCES BY COMPANIES
(1) If the person committing an offence undersection 12-is a company, every person who at the time the contravention was committed was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section ,1) where an offence under section 12-has been committed, by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any. neglect on the part of, any director, manager, secretary on other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
SECTION 22: PREVIOUS SANCTION OF CENTRAL GOVERNMENT FOR PROSECUTION
No prosecution for any offence punishable under this Act shall be instituted except with the previous approval of the Central Government.
SECTION 23: PROTECTION OF ACTION TAKEN IN GOOD FAITH
No suit prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or the rules made thereunder.
SECTION 24: POWER TO DELEGATE
The Central Government may, by order notified in the Official Gazette, direct that any power exercisable by it under this Act may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order by such officer or authority as may be specified therein.
SECTION 25: SUSPENSION OF OPERATION OF ACT
(1) If the Central Government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be imposed or if it considers it necessary or expedient so to do in the public interest the Central Government may, by notification in the Official Gazette, suspend or relax to a specified extent either indefinitely or for such period as may be specified in the notification of all or any of the provisions of this Act.
(2) Where the operation of any provisions of this Act has under sub-section (1) been _suspended or relaxed indefinitely, such suspension or relaxation may at any time while this Act remains in force be removed by the Central Government by notification in the Official Gazette.
SECTION 26: POWER OF CENTRAL GOVERNMENT TO MAKE RULES
(1) The Central Government may,subject to the condition of previous publication,make rules11for carrying out the purposes of this Acts.
(2) In perticular and without prejudice to the generelity of the foregoing power,such rules may provide for all or any of the following matters, namely :-
(a)the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) ofsection 4-, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filing vacancies among, the members of the Board.
(b)the circumstances in which, and the authority by which,members may be removed;
(c)the holding of a minimum number of meetings every year;
(d)the pay and allowances and other conditions of service of the secretary;
(e)the maintenance of records of all business tranacted at meetings of the Board and the submission of copies of such records to the Central Government;
(f)the preparation of budjet estimate of the receipts and expenditure of the Board and the authority by which such estimate should be sanctioned;
(g)the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board;
(h)the powers of the Board and the xecutive Committee and the Chairman, in regard to the incurring of expenditure, and the re-appropriation of estimated savings in any budjet heard to another such head;
(i)the confitiond subject to which the Board may borrow;
(j)the form and the manner in which accounts should be kept by the Board;
(k) the registration of coir spindls and looms for the manufacture of coir products as also the registration of manufactures of coir products and the conditions for such registration; the grant or issue of licenes under this Acts, the fees to be levied in respect of such registration and licences, and the suspension and cancellation of such registration and licences;
(l)the form of applications for registrations and licences under this Act and the fee, if any, to be paid in respect of any such applications;
(m) the collection of any information or statistics in respect of the coir industry;
(n)any other matter which is to be or may be prescribed.
11[(3)Every rule made by the Central Government undur this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comrprised in one session or in two more successive sessions, and ifc [before the expiry of the session immidiately following the session or the successive sessions aforesaid],both House agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be without prejudice to the validity of anything previously done under that rule.]
SECTION 27: POWER OF BOARD TO MAKE BY --LAWS
(1) The Board may make by-laws consistent with this Act and the rules made thereunder, to provide for-
(a) the dates, times and places of its meetings and of the meetings of the Executive and other Committees and the quorum for such meetings, and the procedure thereat;
(b) the delegation of powers and duties to the Executive or any other Committee, or to its Chairman, Vice- Chairman, Secretary or any other of its officers;
(c) the travelling allowances of members and of members of Committees;
(d) the appointment, promotion and dismissal of its officers and other employees other than the Secretary and the creation and abolition of their posts;
(e) the conditions of service of its officers and other employees other than the Secretary including their pay, leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances and the establishment and maintenance of a provident fund for them;
(f) the maintenance of its accounts;
(g) the persons by whom, and the manner in which payments,.deposits and investments may be made on its behalf;
(h) the custody of moneys required for its current expenditure and the investment of moneys not so required;
(i) the preparation of statements showing the sums allotted to departments of the Central and State Governments arid other institutions.
(2) No by law shall take effect until it has been confirmed by the Central Government and published in the Official Gazette; and the Central Government in confirming a by-law may make any change therein which appears to it to be necessary.
(3) The Central Government may, by notification in the Official Gazette, cancel any by-law which it has confirmed and thereupon the by-law shall cease to have effect.
a[(4) Every by-law made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the by-law or both Houses agree that the by-law should not be made, the by-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that by-law.]
2. The Act came into force on 9-2-1954, See S.R.O. 470, published in Gay. of India Extra, 9-2-1954. Pt. 11. S. 3 p. 121.
3. Coir Board was established on 7-7-1954 Gaz of Ind ,.1954, Pt . . II. 2. p. 1117.
4. Inserted by the Coir Industry (Amendment) Act, 1964 (25 of 1964), Sec. 3 (16-6-1964).
5. The words "or fails to act" were omitted by the Repealing and Amending Act, 1957 (36 of 1957), S. 3 and Sch. II (17-9-1957).
6. Substituted for the words "at such rate not exceeding one rupee per hundred weight". by Customs Duties and Cesses (Conversion to Metric Units) Act, 1960(40 of 1960). S. 9 ( 1-10-1960).
8. Inserted by the Coir Industry (Amendment) Act, 1964 (25 of 1964). Section 5(16-6-1964).
11. Substituted for sub-section (3), by the Coir Industry (Amendment) Act, 1964 (25 of 1964), S. 7(16- 6-1964).
13. Substituted sub-section(1) in section 19 "(1) The Board shall submit to the Central Government and such other authority as may be prescribed a half-yearly report and an annual report on its activities and the working of this Act for the preceding six months and the preceding year respectively: and a copy of every such report shall, as soon as may be after it is received by the Central Government, be laid before both Houses of parliament." by The Coir Industry (Amendment) Act, 1994, July 8,1994 (41 of 1994)
COIR INDUSTRY RULES, 1954
S. R. O. 2226, dated the 6th July, 1954.
1-In exercise of the powers conferred by sub-section (1) ofSec. 26of the Coir Industry Act, 1953 (45 of 1953). the Central Government hereby makes the following rules, the same having been previously published as required by the same sub-section, namely :
RULE 01: SHORT TITLE
-These rules may be called the Coir Industry Rules, 1954.
RULE 02: DEFINITION
-In these rules, unless the context otherwise requires,-
(i) "Board" means the Coir Board constituted under See. 4 of the Act;
(ii) "Chairman" means the Chairman of the Board;
(iii) "Committee" means any Committee constituted by the Board under Sec. 8 of the Act;
(iv) "Form" means a form set forth in the Schedule to these rules;
(v) "Member" means a member of the Board;
(vi) "Secretary" means the Secretary of the Board;
(vii) "the Act" means the Coir Industry Act 1953 (45 of 1953);
(viii) "Vice-Chairman" means the Vice-Chairman of the Board;
(ix) "year" means the year commencing on the first day of April,
RULE 03: OFFICE OF THE BOARD
-The Office of the Board shall be located at Ernakulam.
RULE 04: CONSTITUTION OF THE BOARD AND THE MANNER OF FILLING VACANCIES
- 3[(1) The number of persons to be appointed as members from each of the categories specified in
sub-section (3) ofSec. 4of the Act shall be as follows, namely :
(a) growers of coconuts and producers of husks and coir yarn ... 3
(b) persons engaged in the production of husks, coir and coir yarn and in the manufacture of coir products ... 3
(c) manufacturers of coir product ... 3
(d) dealers in coir, coir yarn and coir products including both exporters and internal traders ... 3
(e) Parliament-two members to be elected by the Lok Sabha and one to be elected by the Rajya Sabha ... 3
(f) the Governments of the principal coconut growing Stales ... 5
(g) such other persons or class of persons who in the opinion of the Central Government ought to be represented on the Board ... 3
(2) The Central Government may make such consultations as may be necessary before appointing the members.
4[(3) When a member dies or resigns or is deemed to have resigned or is removed from office or becomes incapable of acting or ceases to represent the category from which hehas been appointed, the Central Government may, by notification in the official Gazette, appoint a person to fill the vacancy.]
RULE 05: TERM OF OFFICE
- 5[(1) Save as hereinafter provided, and subject to sub-rule (3) ofrule 4, a member shall hold office for such period as the Central Government may specify in the order appointing such member or, if before the expiry of such period he ceases to represent the category from which he was appointed till the date on which he so ceases to represent that category.]
(2) A person appointed to fill a casual vacancy under sub-rule (3) ofrule 4shall hold office for so long as the member, whose place he fills, would have been entitled to hold office, if the vacancy had not occurred.
RULE 06: RESIGNATION
- (1) A member may resign his office by writing6[under his hand] addressed to the Chairman.
(2) A member of a Committee may resign his office by writing under his hand addresed to the Secretary.7[* * * * * *]
8[(3) The office of a member of the Board or the Committee shall fall vacant 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.]
9[(4) The resignation of a member of the Board or of a Committee may be accepted by the Chairman who shall report the fact of such acceptance to the Board at its next meeting and to the Central Government.]
RULE 07: REMOVAL FROM THE BOARD
-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 is an undischarged insolvent, or
(c) if he is convicted of a criminal offence involving moral turpitude, or
(d) if, without leave of the Board he fails to attend more than three successive meetings of the Board.
RULE 08: ABSENCE FROM INDIA
- (1) Before a member leaves India-
(a) he shall intimate to the Secretary the date of his departure from and the date of his expected return to India and
(b) if he intends to be absent from India for a longer period than six months, he shall obtain the permission of the Board.
10[(2) * *]
RULE 09: VICE -CHAIRMAN
- 11[(1) The Board shall in each year elect a member to be its Vice-Chairman and he shall hold office for a period of twelve months commencing from the date of his election or till his successor is elected, whichever is later.]
12[(1-A) The Vice-Chairman may resign his office by writing under his hand addresed to the Chairman, and the Office shall fall vacant from the date on which his resignation is accepted by the Chairman or on the expiry of thirty days from the date of receipt of intimation of resignation, whichever is earlier. The Chairman shall report the fact of such acceptance to the Board at its next meeting and to the Central Government.]
13[(2) In the event of the death of the Chairman or if he resigns or is deemed to have resigned or is removed from the office or becomes incapable of acting the Vice-Chairman may exercise such of the powers and perform such of the duties .as were being exercised or performed by the Chairman until such time as another Chairman is appointed.)
14[(3)] 15[If the office of Vice-Chairman falls vacant or if the Vice-Chairman ceases to be a member of the Board], the Board shall forthwith elect a member to be Vice-Chairman for the unexpired portion of the term of office of the Vice-Chairman elected under sub-rule (1).
RULE 10: MINIMUM NUMBER OF MEETINGS OF THE BOARD
-The Board shall hold a meeting at least once in every quarter : provided the Board may, with the permission of the Central Government, hold no meeting in any particular quarter.
RULE 11: POWER TO CALL MEETINGS
- (1) The Central Government may at any time call a meeting of the Board.
(2) The Chairman may at any time call a meeting of the Board and shall do so, if a requisition for a meeting is presented to him in writing by at least ten members.
RULE 12: BUSINESS BY CIRCULATION
- (1) Any business which the Board or Committee is required to transact may, if the Chairman of the Board or of the Committee so directs, be referred by circulation of papers to members, and any resolution or proposal so circulated and approved by the majority of members, who have recorded their views in writing shall be as effectual and binding as if such resolution or proposal were decided by a majority of votes at a meeting : Provided that at least ten members of the Board or a majority of the members of the Committee, as the case may be, have recorded their views on the resolution or proposal : Provided further that when a resolution or proposal is referred by circulation of papers, any five members of the Board or three members of the Committee, as the case may be, may require that the resolution or proposal be referred to a meeting and thereupon such reference shall be made to a meeting of the Board or the Committee.
(2) When any business is so referred to members by circulation, a period of not less than 14 clear days in the case of the Board and 10 clear days in the case of Committee shall be allowed for receipt of replies from members. Such period is to be reckoned from the dale on which notice of business is issued.
(3) If a resolution or proposal is circulated, the result of the circulation shall be communicated to all the members.
RULE 13: RECORD OF BUSINESS
- (1) A record shall be maintained of all business transacted by the Board or its Committees, and copies of such record shall be submitted to the Central Government.
(2) The record of business transacted at the meetings of the Board and of the Committee shall be signed by the Chairman presiding over such meetings.
(3) When business is transacted by circulation of papers a record of business so transacted shall be signed by the Chairman of the Board or the Committee, as the case may be, directing the circulation.
RULE 14: BUDGET ESTIMATE
- (1) The Board shall in each year prepare a budget for the ensuing year and shall submit it for the sanction of the Central Government in the second week of October : provided that the first budget shall be so submitted on or before such date as may be appointed by that Government.
(2) Subject to such orders as may be issued by the Central Government from time to time, no expenditure shall be incurred until the budget is sanctioned by the Central Government and the expenditure is authorised by competent authority.
(3) The budget shall be in such form as the Central Government may direct and shall include-
(a) the estimated opening balance;
(b) the estimated receipts by way of-
(i) proceeds of the cess made over to the Board by the Central Government underSec. 14of the Act;
(ii) any other fee that may be levied and collected under the Act or the rules made thereunder;
(c) the proposed expenditure classified under the following heads (or such other heads as the Central Government may direct) :
(i) administration;
(ii) measures for promoting the sale and increasing the consumption of coir and coir products; (a) in India, (b) outside;
(iii) research;
(iv) statistics:
(v) others.
(4) The proposed expenditure under each head shall be further classified under the following sub-heads:
(i) pay of officers,
(ii) pay of establishment,
(iii) allowances, honoraria, etc.,
(iv) other charges, contingencies, etc.
(5) Supplementary estimates of expenditure shall be submitted for the sanction of the Central Government in such form and on such dates as may be directed by them.
RULE 15: CONTRACTS
- (1) The Board shall enter into contracts, provided that every contract which extends over a period of more than three years or involves expenditure in excess of Rs. 20,000 shall require the previous sanction of the Central Government.
(2) The Board may delegate to the Chairman or the Secretary such power for entering into contracts on its behalf as it may think fit.
(3) Contracts shall not be binding on the Board unless they are executed by the Chairman or Vice-Chairman and by the Secretary with the previous approval of the appropriate authority concerned, and the common seal of the Board is affixed thereto.
(4) Neither the Chairman nor the Secretary nor any member of the Board shall be liable for any assurance or contract made by the Board, but any liability arising under such assurance or contract shall be discharged from the moneys at the disposal of the Board.
RULE 16: POWERS TO INCUR EXPENDITURE
- (1) Subject to the provisions of the Act and these rules, the Board may incur such expenditure as it may think fit and write off losses up to Rs. 1.000 in any one case and may delegate to the Executive Committee or to the Chairman or Secretary such financial powers as it may consider expedient: Provided that, save with the sanction of the Central Government, no expenditure shall be incurred which is in excess of the sanctioned budget allotment under any head.
(2) Reappropriations within a head of expenditure may be made by the Board and subject to Cl. (d) ofrule 22(2)the Board may delegate its powers in this behalf to the Executive Committee.
(3) Re-appropriations between heads of expenditure shall not be made save with the previous sanction of the Central Government.
(4) The Board shall not incur expenditure outside India in excess of Rs. 10,000 on any one item without the previous sanction of the Central Government.
RULE 17: BORROWING POWERS
-The Board may with the previous sanction of the Central Government borrow, on the security of the Coir Fund or any other of its assets, for meeting its expenses or for any other purpose referred to inSec. 10of the Act :16[Provided that no loan other than a loan from the Central Government or any State Government shall be taken which is repayable later than six months from the date of the loan.]
RULE 18: ACCOUNTS OF THE BOARD
- (1) The Board shall maintain accounts of all receipts and expenditure relating to each year,
(2) The audited accounts of receipts and expenditure together with the auditor's report thereon shall be submitted to the Central Government as soon as may be after such accounts are audited and in any case, not later than three months from the close of the year in which they are audited.
(3) An abstract of receipts and expenditure shall be published in the Gazette of India.
(4) The accounts of receipts shall be shown under the following heads :
(a) moneys received underSec. 14of the Act,
(b) fees realised on account of license, registration, etc. issued,
(c) any other money received by the Board,
(d) interest received from investments.
(5) The total receipt only shall be shown under each of the heads specified in sub-rule (4) and the opening balance, if any, shall also be stated.
(6) Expenditure incurred in the year shall be shown under separate heads and sub- heads.
(7) The closing balance of the year shall be shown at the foot of the accounts on the expenditure side. Provided an annual pro forma account on actual basis shall also be prepared for bringing out assets and liabilities as well as details of reserves and investments.
RULE 19: FORMS TO BE USED
-The forms set out in the Schedule to these rules shall be used for the purpose of the provisions of the Act or Rules, as the case may be, referred to in each form. The Board may either generally or in any particular case require such additions or alterations as it may consider necessary to be made to any such form.
RULE 20:
The Board may call for and maintain such statistics as it considers necessary for the efficient discharge of its duties including those relating to-
(a) spindles and looms in operation,
(b) quantity and quality of coir yarn and coir products manufactured,
(c) labour employed,
(d) wages paid,
(e) stoppages of work,
(f) existing plants and additions or reductions thereto,
(g) quantity and quality of coir fibre, coir yarn or coir products exported,
(h) amounts of cess collected.
RULE 21: PAY AND ALLOWANCES OF THE SECRETARY
-The Secretary shall be entitled to such pay and allowances including T. A. and H. A. 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.
RULE 22: RESTRICTION ON DELEGATION OF POWERS
- (1) The Board shall not delegate any administrative or financial power to any Committee other than the Executive Committee.
(2) The Board shall not delegate any of the following powers to the Executive Committee:
(a) the power to sanction expenditure in excess of Rs. 10,000 in respect of any one item.
(b) the power to adopt the budget estimates of the Board on its behalf,
(c) the power to sanction expenditure to be incurred outside India in excess of Rs. 5,000 in respect of any one item,
(d) the power to reappropriate estimated savings in excess of Rs. 2,500 in the case of any one item,
(e) the power to write off losses in excess of Rs. 500 in any one case.
RULE 23: APPOINTMENTS
- 17[(1) Save as provided for in sub-section (1) of Sec. 9of the Act and subject to such delegation as may be provided in the bye-laws, all appointments to posts of officers and employees under the Board shall be made by the Board.]
(2) The Board shall, from time to time, fix the scale of establishment and the salaries and allowances of all officers and employees to be appointed by it and require security in such instances and for such amount as it thinks fit :19["Provided that no such post of officers or employees shall be created by the Board without the previous sanction of the Central Government:
Provided further that no such post the maximum scale of pay of which exceeds Rs. 15,200/- per month shall be filled without the prior approval of the Central Government"]
RULE 24: ALLOWANCES AND REMUNERATION
-Save with the previous sanction of the Central Government, no remuneration other than travelling allowance and hailing allowance shall be made to any member on account of his service as such.
RULE 25: CUSTODY AND DISBURSEMENT OF FUNDS
(a) The proceeds of the customs duty levied under Sec. 13of the Act shall first be credited to the Consolidated Fund of India.
(b) The proceeds of the customs duty, after deducting the expenses of collection shall then be credited to the "Coir Improvement Fund" under section "P-Deposits not bearing interest (B)- Reserve Funds".
(c) The licence fees levied and collected by the Board shall be credited to the Coir Fund.
(d) All expenditure of the Coir Board shall be charged to a separate minor head under the Major Head "43-Industries and Supplies". The expenditure will be met from the Coir Fund to which payments to be made by the Central Government to the Board under See. 14 of the Act shall also be credited.
(e) The current account of the Board shall be kept in banks approved by the Central Government.
(f) Withdrawal of funds shall require the sanction of the Chairman or the Vice- Chairman.
(g) Payments by or on behalf of the Board shall be made in cash or by cheque drawn against a current account of the Board.
RULE 26: SENDING PERSONS ABROAD
-The Board shall not send any officer of the Board or any member to places outside India without the previous sanction of the Central Government.
RULE 27: REPORTS AND RETURNS
-The Board shall submit to the Central Government a half-yearly report and an annual report on its activities and the working of the Act, within three months from the expiry of the period to which the report relates.
FORM 01: FROM I
[See rule 14 (5)]
Supplementary Estimate of Expenditure
FORM 02: FORM II
[See rule 18 (3)]
Abstract of Receipts. ..................................................:...........19
FORM 03: FROM III
(See proviso to rule 18)
Annual Account of Assets and Liabilities as well as Details of Resources and Investments for.............................................
3. Subs. by G. S. R. 1088, dated the 24th June, 1963.
4. Subs. by S.R.O. 3983, dated the 12th December, 1957.
5. Subs. by S.R.O. 3983, dated the 12th December, 1957.
6. Subs. by S. O. 877, dated the 31st March, 1960.
7. Omitted by S. R. O. 3983, dated the 12th December, 1957.
8. Ins. Omitted by S. R. O. 3983, dated the 12th December, 1957.
9. Ins. by S. O. 877, dated the 31st March, 1960.
10. Omitted by G. S. R. 390 (E), dated 22nd March, 1990.
11. Subs. by S. R. O. 3669, dated the 17th December, 1955.
12. Ins by S. O. 877, dated the 31st March, 1960.
13. Ins. by S. R. O. 973, dated the 29th April, 1955.
14. Renumbered by Ins. by S. R. O. 973, dated the 29th April, 1955.
15. Subs. by S. O. 877, dated the 31st March, I960.
