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The Spices Board Act, 1986

Year of Passage: 1986 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Spices Board Act, 1986. (2) It extends to the whole of India. (3) It shall come into force on such date 1as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Definitions.

In this Act, unless the context otherwise requires,-- (a) "Board" means the Spices Board constituted under sub-section (1) of section 3; (b) "cardamom" means the fruit of cardamom plant and includes green cardamom, bleachedcardamom, bleachable white cardamom, sun-dried cardamom, cardamom seeds, powdered cardamomand oil extracted from cardamom; (c) "cardamom plant" means ELETTARIA CARDAMOMUM MATON, AMMOMUMSUBULATUM ROXB and any other plant which the Board may, by notification in the OfficialGazette, declare to be a cardamom plant for the purposes of this Act; (d) "certificate" means a certificate granted under section 12; (e) "dealer" means a dealer in spices; (f) "estate" means the area administered as one unit which contains land planted with cardamomplants; (g) 'export" and "import" mean, respectively, taking out of or bringing into India by land, sea andair; (h) "manufacturer" means a manufacturer of spices; (i) "member" means a member of the Board appointed under sub-section (3) of section 3; (j) "owner", in relation to any land planted with cardamom plants, includes-- (i) any agent of the owner; and (ii) a mortgagee, lessee or other person in actual possession of the land; (k) "prescribed" means prescribed by rules made under this Act; (l) "registered estate" means an estate in respect of which an owner is registered undersub-section (1) of section 8 and includes any estate in respect of which an owner is required to beregistered under the provisions of that sub-section; (m) "registered owner" means an owner of a registered estate which has been or is registered or isrequired to be registered under sub-section (1) of section 8; and (n) "spices" means the spices specified in the Schedule: Provided that the Central Government may, if satisfied that it is necessary or expedient in thepublic interest so to do, by notification in the Official Gazette, add any other spice to the Schedule oromit any spice therefrom.

Section 3 Constitution and incorporation of the Board.

(1) The Central Government shall, bynotification in the Official Gazette, constitute, for the purposes of this Act, a Board, to be called theSpices Board. (2) The Board shall be a body corporate by the name aforesaid having perpetual succession and acommon seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sueand be sued. (3) The Board shall consist of such number of members, not exceeding thirty-two, as may beprescribed, and unless the rules made in this behalf otherwise provide, the Board shall consist of thefollowing members, namely:-- (a) a Chairman; (b) three Members of Parliament, of whom two shall be elected by the House of the People andone by the Council of States; (c) three members to represent respectively the Ministries of the Central Government dealingwith-- (i) Commerce; (ii) Agriculture; and (iii) Finance; (d) six members to represent the growers of spices; (e) eleven members to represent the exporters of spices; (f) three members to represent major spice producing States; (g) five members, one each to represent-- (i) the Directorate of Cocoa, Arecanut and Spices Development, Calicut; (ii) the Indian Institute of Packaging, Bombay; (iii) the Central Food Technological and Research Institute, Mysore; (iv) the Regional Research Laboratory, Trivandrum; and (v) the Central Plantation Crops Research Institute, Kasargode. (4) The office of member of the Board shall not disqualify its holder for being chosen as, or for being,a member of either House of Parliament. (5) The term of office of the members and other conditions of service of the members shall be such asmay be prescribed. (6) The Chairman shall, in addition to presiding over the meetings of the Board, exercise anddischarge such powers and duties of the Board as may be delegated to him by the Board and such otherpowers and duties as may be prescribed. (7) The Board shall elect from among its members a Vice-Chairman who shall exercise such of thepowers and perform such of the functions of the Chairman as may be prescribed or as may be delegated tohim by the Chairman. (8) No act or proceeding of the Board shall be invalidated merely by reason of-- (a) any vacancy in, or any defect in the constitution of, the Board; (b) any defect in the appointment of a person acting as a member of the Board; (c) any irregularity in the procedure of the Board not affecting the merits of the case.

Section 4 Secretary and other officers.

(1) The Board may appoint the Secretary and such other officersand employees as it considers necessary for the efficient discharge of its functions under this Act. (2) The terms and conditions of service of the Secretary and other officers and employees of theBoard shall be such as may be determined by regulations.

Section 5 Advisory Committees.

(1) Subject to any rules made in this behalf, the Board may, from time totime, constitute such committees as may be necessary for the efficient discharge of its functions. (2) Every committee constituted under sub-section (1) shall consist of such number of persons as theBoard may deem fit.
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