Search Results on rules for query: "Central Silk Board (Amendment) Rules, 2015"
Related Section(s)2[The Secretary to the Board shall], under the control and direction of
the Board, exercise such powers and perform such duties as may be prescribed or as may be delegated to
him by the Board or the1[Chairperson].
1. Subs. by s. 3,ibid., for "Chairman" (w.e.f. 1-7-2007).
2. Subsby s. 7, ibid., for "The Central Government shallappoint a Secretary to the Board who shall"(w.e.f. 1-7-2007). (1) If any Government other
than the Central Government fails to make any nomination which it is entitled to make under sub-section
(3) of section 4 within the time prescribed in that behalf, the Central Government may make the
nomination itself.
(2) Where a member of the Board dies, resigns, is removed, ceases to reside in India, or becomes incapable of acting, the authority or body entitled to nominate the member under sub-section (3) of section 4 may nominate a person to fill the vacancy; and where such nomination is not made within the time prescribed in that behalf, the Central Government on its own initiative, may make the nomination itself. (3) No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board. (1) This Act may be called the Central Silk Board Act, 1948.
1[(2) It extends to the whole of India 2***.]
1. Subs. by the A. O. 1950, for sub-section (2).
2. The words "except the State of Jammu and Kashmir" omitted by Act 21 of 1970, s. 2. (1) As soon as may be after the commencement of this Act, the
Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a
Board to be called the Central Silk 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. 1[(3) The Board shall consist of the following members, namely:-- (a) a2[Chairperson] to be appointed by the Central Government; 3[(b) not more than three officials to be nominated by the Central Government, one of whom shall be the head of the Silk Division in the Ministry of Textiles as the 4[Vice-Chairperson] and one shall be the Secretary of the Board, both being the officers not below the rank of Joint Secretary to the Government of India;] Provided that it shall be lawful for any such official to depute in the prescribed circumstances another official to attend any meeting of the Board on his behalf; (c) six persons to be elected by Parliament, four from the House of the People by the members of the House of the People and two from the Council of States by the members of the Council of States; 5[Provided that a member of Parliament shall, upon ceasing to be a member of the House of the People or as the case may be, the Council of States, cease to be a member of the Board.] (d) 6[five persons] to be nominated by the Government of 7[Karnataka], one of whom shall represent the filature raw silk industry and two shall represent the rest of the sericulture industry; (e) 8[one person] to be nominated by the Government of 9[Tamil Nadu]; (f) two persons to be nominated by the Governor of West Bengal; (g) one person to be nominated by each of the Governments of 10[Andhra Pradesh], Assam, Bihar, Chhattisgarh, 11[Gujarat], 12* * * , Madhya Pradesh, Uttar Pradesh and Uttaranchal;] (h) one person to be nominated by the Government of Jammu and Kashmir; (i) not more than three persons to be nominated by the Central Government to represent the producers of raw silk and areas other than the States specified in clauses (d) to (g) inclusive; (j) eight persons to be nominated by the Central Government, of whom one shall represent the spun-silk industry, one the silk throwing and twisting industry, one the silk weaving industry, one labour; and two of them shall be experts in sericulture.] (4) The members of the Board shall receive from its funds such travelling and other allowances as may be prescribed. 13[(5) Subject to the other provisions of this Act, the term of office of a member shall be such period, not exceeding three years, as may be prescribed. (6) Notwithstanding anything contained in sub-section (5),-- (a) the Central Government may terminate the appointment of the 14[Chairperson]after giving him notice for a period of not less than three months; (b) the 14[Chairperson]may resign his office by giving notice in writing for a period of not less than three months to the Central Government, and on such resignation being notified in the Official Gazette by that Government, the 14[Chairperson]shall be deemed to have vacated his office.]
1. Subs. by Act 31 of 1953, s. 4, for sub-section (3) (w.e.f. 25-3-1954).
2. Subs. by Act 42 of 2006, s. 3, for "Chairman" (w.e.f. 1-7-2007). 3. Subs.by s. 4, ibid., for clause (b) (w.e.f. 1-7-2007). 4. Subs. by s. 3, ibid., for "Vice-Chairman" (w.e.f. 1-7-2007). 5. Ins. by Act 42 of 2006, s. 4 (w.e.f. 1-7-2007). 6. Subs. by the A. O. (No. 3), 1956, for "four persons". 7. Subs. by the Mysore State (Alteration of Name) (Adaption of Laws on Union Subjects) Order, 1974, for "Mysore" (w.e.f. 1-11-1973). 8. Subs. by the A. O. (No. 3), 1956, for "two persons". 9. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for "Madras" (w.e.f. 14-1-1969). 10. Subs. by the A. O. (No. 3), 1956, for "Andhra". 11. Subs. by the Bombay Reorganisation (Adaptation of Laws on Union Subjects) Order, 1961, for "Bombay" (w.e.f. 1-5-1960). 12. The words "Madhya Bharat" omitted by the A. O. (No. 3), 1956. 13. The words in brackets shall stand inserted (date to be notified) by Act 13 of 1982, s. 2. 14.Subs. by Act 42 of 2006, s. 3, for "Chairman" (w.e.f.1-7-2007). (1)
1[The2[Vice-Chairperson] shall] exercise such
of the powers and perform such of the duties of the 3[Chairperson] as may be prescribed or as may be
delegated to him by the 3[Chairperson].
(2) The Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such of its powers and performing such of its duties as may be delegated by it not being powers or duties the delegation of which is prohibited by rules made under this Act. (3) The Standing Committee shall consist of the 3[Chairperson], the 2[Vice-Chairperson], and five others elected by the Board from among its members.
1. Subsby the Act 42 of 2006, s. 6, for "The Central Government shall appoint from among the members of the Board, a ViceChairman
who shall"(w.e.f 1.7.2007).
2. Subs. by s. 3, for"Vice-Chairman" (w.e.f. 1-7-2007). 3. Subs. by s. 3,ibid., for "Chairman" (w.e.f. 1-7-2007) 1[8A. Constitution of Central Silk-worm Seed Committee.--(1) The Central Government may, by
notification in the Official Gazette, constitute for the purposes of this Act, a Committee to be called the
Central Silk-worm Seed Committee consisting of--
(a) the Vice-Chairperson of the Board who shall be the Chairperson of the Committee, ex officio; (b) (i) seven officials not below the rank of Deputy Secretary to the Government of India dealing with sericulture from the States-members; (ii) two experts from the field of silk-worm seed development-members; (iii) five persons to represent the sericulture sector of whom three shall be the farmers and two the reelers-members; to be nominated by the Central Government from amongst the members of the Board; (c) the Director of the National Silk-worm Seed Organisation to be nominated by the Central Government-member; and (d) Secretary of the Board who shall be the Secretary of the Committee, ex officio. (2) The Committee may associate with it, for such purposes and in such manner as it may deem fit, any person whose assistance or advice it may consider necessary in complying with the provisions of this Act, and a person so associated, shall have the right to take part in the proceedings of the Committee relevant to the purposes for which he has been associated, but shall not have the right to vote and shall be entitled to receive such allowances or fees as may be prescribed by the Central Government. (3) A member nominated under sub-section (1) shall, unless his seat becomes vacant earlier by resignation, death or otherwise, hold office for a period of three years from the date of his nomination and shall be eligible for re-nomination: Provided that a person nominated under sub-section (1) shall hold office only for so long as he holds the appointment by virtue of which his nomination was made. (4) No act or proceeding of the Committee shall become invalid merely by reason of (i) any vacancy therein, or any defect in the constitution thereof; or (ii) any matter relating to the procedure of the Committee not affecting the merits of a case. (5) The Central Government shall provide to the Committee such other technical and other officers and employees as may be necessary for the efficient performance of the functions under this Act. (6) (a) The Committee shall meet at such time and place and shall observe such procedure in regard to transaction of business at its meeting (including the quorum at meetings) as may be specified by regulations. (b) The Chairperson or in his absence any member chosen by the members present from amongst themselves, shall preside at a meeting of the Committee. (c) All questions at a meeting of the Committee shall be decided by a majority of votes of the members present and voting and in case of equality of votes, the Chairperson or in his absence, the person presiding over the meeting shall have a second or casting vote.]
1. Ins. by Act 42 of 2006, s. 9(w.e.f. 1-7-2007).
(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (ii) the procedure to be followed at meetings of the Board and at the standing committee for the conduct of business and the number of members which shall form a quorum at any meeting; (iii) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government; (iv) the holding of a minimum number of meetings every year; (v) the power of the Board, its Chairman and Standing Committee with respect to the incurring of expenditure; (vi) the conditions subject to which the Board may incur expenditure outside India; (vii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (viii) the maintenance of the accounts of income and expenditure of the Board2 ***; 3[(viiia) the form of the annual report of the Board and the date on or before which it shall be submitted to the Central Government;] (ix) the deposit of the funds of the Board in bank and the investment of such funds; (x) the re-appropriation of estimated savings from one budget head to any other budget head; (xi) the conditions subject to which the Board may borrow funds; (xii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiii) the delegation to the Standing Committee or the 4[Chairperson] or the 5[Vice-Chairperson] or members or officers of the Board of any of the powers and duties of the Board under this act; (xiv) the staff which may be employed by the Board and the pay and allowances, leave and other conditions of service of officers and other employees of the Board; (xv) the travelling and other allowances of members of the Board and or the Standing Committee; 6[(xva) specifying the allowances or fees of the persons associated by the Committee under subsection (2) of section 8A; (xvb) matters incidental to the production, supply, distribution, trade and commerce in silk-worm seed under clause (x) of sub-section (2) of section 8B; (xvc) manner of registration of a producer or dealer by the Registration Committee under subsection (1) and form for making application and fees to be paid under sub-section (4) of section 8E;] (xvi) the purposes for which funds of the Board may be expended; (xvii) the maintenance of the registers and other records of the Board and of its Standing Committee; (xviii) the collection of any information or statistics in respect of raw silk or any product of silk; 7[(xix) the manner of grading, marketing, developing and distributing raw silk and products of silk industry;] (xx) any other matter which is to be or may be prescribed. 8* * * * *
1. Subs. by Act 31 of 1953, s. 8, for sub-section (2) (w.e.f. 25-3-1954).
2.The words "and the audit of such accounts"omitted by Act 21 of 1970, s. 6. 3. Ins. by s. 6, ibid. 4. Subs. by Act 42 of 2006, s. 3, for "Chairman", (w.e.f.1-7-2007). 5. Subs. by s. 3, ibid., for "Vice-Chairman" (w.e.f. 1-7-2007). 6 Ins. by s. 10, ibid. (w.e.f. 1.7.2007). 7 Subs. by s. 10, for clause (xix) (w.e.f. 1-7-2007). 8 Sub-section (3) omitted by s. 10, ibid. (w.e.f. 1-7-2007). 1[8E. Registration Committee.--(1) No silk-worm seed of any kind or variety shall, for the purpose of
production or for commercial exploitation, be produced, supplied, distributed, traded, sold or otherwise
disposed of by a producer or dealer unless he is registered by the Registration Committee in such manner
as may be prescribed.
(2) The Committee shall constitute the Registration Committee consisting of a Chairperson and such number of other members not less then two to assist him in the discharge of his duties as the Committee, may determine. (3) The Registration Committee shall have power-- (a) to register the silk-worm seed of the notified kind or variety after scrutinising claims that the silk-worm seed conforms the kind or variety duly notified by the Central Government; (b) to register the silk-worm seed producer after ensuring that the facility for seed production meets the requirement or conditions for maintaining quality standards as notified by the Central Government; (c) to register the silk-worm dealer after scrutinising their claim made in the application; (d) to perform such other functions as are assigned to it by the Committee. (4) Every application for registration under sub-section (1) shall be made in such form and contain such particulars including conditions and be accompanied by such fees as may be prescribed.]
1. Ins. by Act 42 of 2006, s. 9(w.e.f. 1-7-2007).
(1) With effect from such date as the Central
Government may, by notification in the Official Gazette appoint, there shall be levied and collected as a
cess for the purposes of this Act a duty of excise on all filature raw silk, and on all spun silk, reeled in the
territories to which this Act for the time being extends at such rate as the Central Government may, by
notification in the Official Gazette, from time to time fix.
(2) The said duty of excise shall be payable by the reelers of filature raw silk or spun silk and shall be paid by them to the Board within one month from the date of the receipt of the notice of demand from the Board in that behalf. (3) The said duty of excise may be recovered as if it were an arrear of land revenue. (4) For the purpose of enabling the Board to assess the amount of the duty of excise payable under this section by the reelers of filature raw silk or spun silk,-- (a) the Board shall, by notification in the Official Gazette, fix the period in respect of which assessments shall be made, and (b) every reeler of filature raw silk or spun silk shall furnish to the Board within the prescribed time a return specifying the total amount of filature raw silk or spun silk reeled during such period. (5) If any reeler of filature raw silk or spun silk fails to furnish such return within the prescribed time or furnishes a return which the Board has reason to believe to be incorrect or defective, the Board may assess the amount payable by such reeler in such manner as may be prescribed. (6) Any reeler feeling himself aggrieved by an assessment made under this section, may, within three months of the receipt of the notice under sub-section (2), apply to the District Judge or such other civil judicial officer, as may be prescribed, for the cancellation or modification of the assessment; and such District Judge or judicial officer shall after giving the Board an opportunity of being heard, pass such order as he thinks proper; and such order shall be final. 1[(7) The proceeds of the duties of excise paid to the Board 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.]
1. Ins. by Act 31 of 1953, s. 7 (w.e.f. 25-3-1954).
1[8C. Power to notify kinds or varieties of silk-worm seeds.--(1) If the Central Government, after
consultation with the Committee, is of the opinion that it is necessary or expedient to regulate the quality
of silk-worm seed of any kind or variety for the purpose of production and for commercial exploitation, it
may, by notification in the Official Gazette, declare such kind or variety to be a notified kind or variety
for the purposes of this Act and different kinds or varieties may be notified for different States or for
different areas thereof, and it shall be incumbent upon every producer or dealer of such silk-worm seeds
to produce or deal with such notified kinds and varieties of silk-worm seeds and in no other.
(2) The Central Government may, on the recommendation of the Committee, by notification, specify-- (a) the minimum quality standards and conditions for notified kinds or varieties of silk-worm seed; and (b) the mark or label to indicate that such silk-worm seed conforms to the specified quality standards.]
1. Ins. by Act 42 of 2006, s. 9(w.e.f. 1-7-2007).
(1) The Board shall keep such accounts, and in such manner and form,
as may be prescribed, respect of all moneys received and expended by it.
1[(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified 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, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have 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 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 a copy of the same to be laid before each House of Parliament. (5) A copy of the accounts of the Board as so certified together with the audit report thereon shall be forwarded simultaneously to the Board.]
1. Subs. by Act 21 of 1970, s. 4, for sub-sections (2) and (3).
(1) The Central Government shall from time to time make grants to the
Board of such sums as the Central Government may consider necessary for enabling the Board to exercise
its powers and discharge its duties under this Act.
(2) The funds of the Board shall be kept in such bank, or, invested in such manner, as may be prescribed and shall be expended by the Board only in the performance of its functions under this Act or for meeting such expenses as are authorised by the Act or by rules made thereunder. |
