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The Coconut Development Board Act, 1979

Year of Passage: 1979 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Coconut DevelopmentBoard Act, 1979. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Declaration as to expediency of control by the Union.

It is hereby declared that it is expedientin the public interest that the Union should take under its control the coconut industry.

Section 3 Definitions.

In this Act, unless the context otherwise requires,-- (a) Board means the Coconut Development Board established under section 4; 1[(b) Chairman means the non-executive Chairman of the Board appointed under clause (a) of sub-section (4) of section 4; (ba) Chief Executive Officer means the Chief Executive Officer of the Board appointed under sub-section (1) of section 7;] (c) coconut means the fruit of coconut palm and includes green coconut, ripe coconut andcopra. Explanation.--Coconut palm means the coconut tree, CocosNucifera Linn; (d) coconut industry does not include-- (i) coir industry; or (ii) an industry from which products (including by-products) out of coconut oil aremanufactured; (e) member means a member of the Board and includes the Chairman; (f) prescribed means prescribed by rules made under this Act.

Section 4 Establishment and constitution of the Board

(1) With effect from such date as the CentralGovernment may, by notification in the Official Gazette appoint in this behalf, there shall be establishedfor the purposes of this Act, a Board to be called the Coconut Development Board. (2)The Board shall be a body corporate by the name aforesaid, having perpetual succession andcommon seal, with power to acquire, hold and dispose of property, both movable and immovable, and tocontract, and shall by the said name sue and be sued. (3)The head office of the Board shall be at such place as the Central Government may, by notificationin the Official Gazette, specify. (4)The Board shall consist of the following members, namely:-- 1[(a) anon-executive Chairman, to be appointed by the Central Government; (aa) the Chief Executive Officer, to be appointed by the Central Government; (ab) the Joint Secretary to the Government of India, in-charge of Mission for Integrated Development of Horticulture, ex officio ;] (b)2[the Horticulture Commissioner] to the Government of India, ex officio; (c)the Director, Central Plantation Crops Research Institute (Indian Council of AgriculturalResearch), ex officio; (d)the Chairman of the Coir Board constituted under section 4 of the Coir Industry Act, 1953 (45of 1953),ex officio; (e)three members of Parliament of whom two shall be elected by the House of the People and oneby the Council of States; (f)two members to be appointed by the Central Government to represent respectively theMinistries of the Central Government dealing with-- (i)Revenue; and 3[(ii)Consumer Affairs;] 4[(g) four members to be appointed by the Central Government one each to represent the Governments of the States of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu, being States where coconut is grown on a large scale; (h) four members to be appointed by the Central Government by rotation in the alphabetical order to represent the States of Assam, Bihar, Chhattisgarh, Goa, Gujarat, Maharashtra, Nagaland, Odisha, Telengana, Tripura, West Bengal and the Union territories of Andaman and Nicobar Islands, Lakshadweep and Puducherry; (i) six members to be appointed by the Central Government, two to represent the coconut growers of the State of Kerala and one each to represent the coconut growers of the States of Andhra Pradesh, Gujarat Karnataka and Tamil Nadu;] (j)one member to be appointed by the Central Government to represent the coconut processingindustry; (k)two members to be appointed by the Central Government to represent such other interestsconnected with the coconut industry as, in the opinion of that Government, ought to be represented: Provided that every appointment under clauses (g) and (h) shall be made on there commendationof the State Government or, as the case may be, of the Union territory concerned. (5)The Board shall elect, from amongst 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. (6)The term of office of the members and the manner of filling vacancies among, and the procedureto be followed in the discharge of their functions by, the members shall be such as may be prescribed. (7)Any officer of the Central Government, not being a member of the Board, when deputed by thatGovernment in this behalf, shall have the right to attend the meetings of the Board and take part in theproceedings thereof but shall not be entitled to vote. (8)The Board may associate with itself in such manner, subject to such conditions and for suchpurposes as may be prescribed, any person whose assistance or advice it may desire in complying withany of the provisions of this Act and a person so associated shall have the right to take part in thediscussions of the Board relevant to the purposes for which he has been associated but shall not have theright to vote and shall be entitled to receive such allowances or fees as may be fixed by the CentralGovernment. (9)No act or proceeding of the Board or any committee appointed by it under section9 shall beinvalidated merely by reason of-- (a)any vacancy in, or any defect in the constitution of, the Board or such committee; or (b)any defect in the appointment of a person acting as a member of the Board or such committee;or (c)any irregularity in the procedure of the Board or such committee not affecting the merits of thecase. (10)The Board shall meet at such times and places and shall observe such rules of procedure in regardto the transaction of business at its meetings (including the quorum at meetings) as may be provided byregulations made by the Board under this Act.

Section 5 Allowances payable to Chairman and members.

1[5. Allowances payable to Chairman and members.--The Chairman and members of the Boardshall receive such allowances as may be fixed by the Central Government.]
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