REGISTERED No. D- (D)-72
No. 32] NEW DELHI, FRIDAY, SEPTEMBER 9, 1983/BHADRA 18, 1905
Separate paging is given to this Part in order that it may be filed
as a separate compilation
(Legislative Department)
New Delhi, the 9th September, 1983/Bhadra 18, 1905 (Saka)
The following Act of Parliament received the assent of the President on the 8th September 1983 and is hereby published for general information: -
THE NATIONAL OILSEEDS AND VEGETABLE OILS
No. 29 OF 1983
[8th September, 1983.]
An Act to provide for the development under the control of the Union of
the oilseeds industry and the vegetable oils industry and for matters connected
therewith.
BE it enacted by Parliament in the Thirty-fourth Year of the Republic of
India as follows : -
PRELIMINARY
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1. (1) This Act may be called the National
Oilseeds and Vegetable Oils Development Board Act, 1983. |
(2)
It extends to the whole of India.
(3)
It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
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2.
It is hereby declared that it is expedient in the public
interest that the Union should take under its control the oilseeds industry. |
Declaration as to expediency of control by the Union |
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Definitions |
3.
In this Act, unless the context otherwise requires, - |
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(a)
“Board” means the National Oilseeds
and Vegetable Oils Development Board established under section 4;
(b) “Chairman” means the Chairman of the Board;
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(c)
“coconut” has the same meaning
as in the Coconut Development Board Act, 1979; |
5 of 1979 |
(d)
“Executive Director” means the Executive
Director of the Board;
(e) “ member” means a member of the Board:
(f) “ oilseeds” does not include coconut;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “vegetable oil” means any oil produced from oilseeds, or any other oil bearing material of plant origin, and containing glycerides but does not include any such vegetable oil which has been subjected to any processing subsequent to the recovery of oil;
(i) “Vice-Chairman” means the Vice-Chairman of the Board.
THE NATIONAL OILSEEDS AND VEGETABLE OILS DEVELOPMENT BOARD
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Establishment and constitution of the Board |
4. (1) With
effect from such date as the Central Government may, by notification in the
Official Gazette, appoint in this behalf, there shall be established, for the
purposes of this Act, a Board to be called the National Oilseeds and
Vegetable Oils Development Board. |
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(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 head office of the Board shall be at Delhi or at such other place as the Central Government may, by notification in the Official Gazette, specify.
(4) The Board shall consist of the following members, namely:-
(a) the Minister in charge of the Ministry of the Central Government dealing with agriculture, who shall ex officio be the Chairman of the Board;
(b) the Secretary in charge of the Ministry of the Central Government dealing with agricultural development, who shall ex officio be the Vice-Chairman of the Board:
(c) the Agriculture Commissioner to the Government of India, ex officio;
(d) the Director-General, Indian Council of Agricultural Research, ex officio;
(e) three members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States;
(f) one member to be appointed by the Central Government to represent the Planning Commission;
(g) three members to be appointed by the Central Government to represent respectively the Ministries of the Central Government dealing with
(i) finance (revenue) ;
(ii) commerce;
(iii) civil supplies;-
(h)
Executive Director, ex
officio;
(i)
Financial Adviser to the Ministry of the Central Government
dealing with agriculture, ex officio;
(j)
Eleven members to be appointed by the Central Government to
represent respectively the Governments of the States of Andhra Pradesh,
Gujarat, Haryana, Madhya Pradesh, Maharashtra, Karnataka, Orissa, Punjab,
Rajasthan, Tamil Nadu and Uttar Pradesh :
Provided that every appointment under this clause shall be made on the recommendation of
the Government of the State concerned ;
(k)
five members to be appointed by the Central Government to
represent respectively --
i.
the State Trading Corporation of India Limited ;
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ii.
the National Co-operative Development Corporation
established under section 3 of the National Co-operative Development
Corporation Act, 1962;
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iii.
the National Diary Development Board;
iv. the National Agricultural Co-operative Marketing Federation;
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v.
the National Bank for Agriculture and Rural
Development established under section
3 of the National Bank for Agriculture and Rural Development Act, 1981; |
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(l)
three members to be appointed
by the Central Government to represent
the oilseeds growers;
(m)
one member to be appointed by the Central Government to
represent exporters of oilseeds, vegetable oils or other products derived from
oilseeds;
(n)
one member to be appointed by the Central Government to
represent the vegetable oils industry;
(o)
two members to be appointed by the Central Government to
represent such other interests connected with the oilseeds industry or the
vegetable oils industry as, in the opinion of that Government, ought to be represented.
(5) The term of office of the members, other than the ex officio members, and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, such members shall be such as may be prescribed.
(6)
Any officer of the Central Government, not being a member of
the Board, when deputed by that Government in this behalf, shall have the right to attend the meetings of the Board
and take part in the proceedings thereof but shall not be entitled to vote.
(7)
The Board may associate with itself in such manner, subject
to such conditions and for such purposes as may be prescribed, any person whose
assistance or advice it may desire in complying
with any of the provisions of
this Act and a person so associated
shall have the right to take part in the discussions of the Board
relevant to the purpose 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 fixed by the Central Government.
(8)
No act or proceeding of the Board or any committee appointed
by it under section 8 shall be invalidated 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 the case.
(9)
The Board shall meet at such times and places and shall
observe such rules of procedure in regard to the transaction of business at
its meetings (including the quorum at
its meetings) as may be provided by
regulations made by the Board under this Act.
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Allowances of members |
5.
The members of the Board shall receive such allowances as
may be fixed by the Central Government. |
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Officers of the Board and other staff |
6.
(1) The Central Government
shall appoint a person possessing such technical qualifications and practical
experience in oilseeds development as may be prescribed, as the Executive
Director to the Board. |
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(2)
The Executive Director
shall be the chief executive of the Board and shall exercise such powers and
perform such functions as may be
prescribed.
(3)
The Central Government shall appoint a Secretary to the Board
who shall exercise such powers and perform such functions as may be prescribed or as may be delegated to him by
the Board or the Executive Director.
(4)
The Executive Director and the Secretary 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.
(5)
Subject to such control and restrictions as may be
prescribed, the Board may appoint such other officers and employees, as may be
necessary, for the efficient performance of its functions and the method of appointment, the conditions, of service
and the scales of pay and
allowances of such other officers
and employees of the Board shall be such
as may be provided by the Board by regulations made under this Act.
(6)
The Executive Director, the 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.
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7. (1) On the establishment of the Board, it
shall be lawful for the Central Government to transfer to the Board, by
order, and with effect from such date or dates (which may be either
retrospective to any date not earlier than the date of such establishment or
prospective) as may be specified in
the order, any officer or other employee holding office as such
in the Directorate of Oilseeds Development immediately before the date on
which the Board is established
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Special provision for transfer
of employees to the Board. |
Provided that the scale of pay of the post to which such
officer or other employee is transferred shall not be lower than the scale of
pay of the post he was holding immediately before such transfer and the other
terms and conditions of service (including pension, leave, provident fund and
medical benefits) of the post to which he is transferred shall not be less
favourable than the terms and conditions of service in relation to the post held by him
immediately before such transfer :
Provided further that if, immediately before the date of his
transfer, any such officer or other employee is officiating in a higher post
under the Central Government either in a leave vacancy or in any vacancy of a
specified duration,
(2)
Before any
order is made under sub-section (1), the officers and other employees of the Directorate of
Oilseeds Development who are proposed to
be transferred under that sub-section
shall be given an option in such form and within such time as may be specified
in that behalf by the Central Government, to express their willingness or otherwise to become employees
of the Board and such option once exercised shall be final :
Provided that no order under sub-section (1) shall be made in
relation to any officer or other employee of the Directorate of Oilseeds Development
who has intimated his intention of not becoming an employee of the Board within
the time specified in that behalf:
Provided further that
such of the persons employed by the Central Government in the said
Directorate who do not express, within the time specified in that behalf their intention of becoming
the employees of the Board, shall be dealt with in the same manner as and in accordance with the same
rules as are applicable to the employees of the Central Government in the event of the reduction of the strength of
the Department in which such persons
have been employed.
(3) An officer or other employee transferred by an order made under sub-section (1) shall, on and from the date of transfer, cease to be an officer or employee of the Central Government and become an officer or other employee of the Board with such designation as the Board may determine and shall be governed by the regulations made by
the Board
Provided that till such time as the regulations referred to
above governing the conditions of service of its officer or other employees are made by the
Board, the relevant rules and orders made by the Central Government shall
continue to be applicable to such officers or
other employees.
(4)
If any question arises as to whether the terms and conditions
of service prescribed in the regulations
made by the Board in respect of any
matter, including remuneration, pension,
leave, provident fund and medical benefits, are less favourable than those
attached to the post held by an officer
or other employee immediately before his
transfer to the Board, the decision of the Central Government in the matter
shall be final.
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Managing Committee and other committees of the Board. |
8.
(1) There shall be a Managing
Committee of the Board for the purpose
of exercising such of the powers and
performing such of the functions of
the Board as may be prescribed or as the Board may delegate to it. |
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(2) The Managing Committee of
the Board shall consist of the following members of the Board, namely:-
(a)
the Vice-Chairman, who shall be the Chairman of the Managing
Committee.
(b)
the Agriculture Commissioner to the Government of India ;
(c)
the Director-General, Indian Council of Agricultural Research
;
(d)
one member to be nominated
by the Chairman from among the
members referred to in clause (g) of sub-section (4) of section 4;
(f)
Financial Adviser to the Ministry of Central Government
dealing with agriculture;
(g)
one member to be nominated by the Chairman from among the members
referred to in clause (j) of sub-section (4) of section 4;
(h)
one member to be nominated by the Chairman from among the
members referred to in clause (k) of sub-section (4) of section 4;
(i)
one members to be nominated by the Chairman from among the member referred to in clause
(1) of sub-section (4) of section 4; and
(j) one member to be nominated by the Chairman from among the members referred to in clause (m) , (n) and (o) of sub-section (4) of section 4.
(3)
Subject to such control and restrictions as may be
prescribed, the Board may constitute other standing committees or ad-hoc
committees for exercising any powers or performing any functions of the Board
or for inquiring into or reporting and advising on any matter which the Board
may refer to them.
(4)
The Board shall have the power to co-opt as members of the
Managing Committee or any committee constituted under sub-section (3), such
number of persons who are not members of the Board as it thinks fit and the
persons so co-opted shall have the right to attend the meetings of the
committee and take part in its proceedings but shall not have the right to vote.
(5)
The persons co-opted as members of a committee under
sub-section (4) shall be entitled to receive such allowances or fees for
attending meetings of the committee as may be fixed by the Central Government.
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9.
(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 oilseeds industry and the vegetable oils
industry. |
Functions of the Board. |
(2)
Without prejudice to the generality of the provisions
contained in sub-section (1), the measures referred to therein may provide for
–
(a)
taking such measures for the development of the oilseeds industry and the vegetable oils industry as
would enable farmers, particularly small
farmers, to become participants in, and beneficiaries of, the development and
growth of the oilseeds industry and the vegetable oils industry;
(b)
recommending measures for improving the marketing of
oilseeds, products of oilseeds and vegetable oils and for their quality control in India;
(c)
imparting technical advice to any person who is engaged in the
cultivation of oilseeds or the processing or marketing of oilseeds and its
products;
(d)
providing for, or recommending, financial or other assistance
for the production and development of adequate quality of breeders’ seeds, foundation seeds and
certified seeds of high quality, arranging supply of inputs for the oilseeds
growers, adoption of improved methods of
cultivation of oilseeds and modern technology
for processing of oilseeds, extension of areas under oilseeds
cultivation with a view to developing the oilseeds industry and the vegetable
oils industry;
(e)
recommending such measures as may be practicable for
assisting oilseeds growers to get incentive prices, including recommending, as
and when necessary, after consultation with the Agricultural Prices Commission,
minimum and maximum prices for oilseeds and products of oilseeds and vegetable
oils;
(g)
recommending and taking such measures as may be necessary for
the –
(i)
promotion and development of storage facilities;
(ii)
establishment of processing units, in respect of oilseeds,
and rendering such financial or other assistance as may be considered necessary for such purposes;
(iii)
promotion of oilseeds growers’ co-operatives and other
appropriate agencies, with a view to achieving integration between production,
processing and marketing of oilseeds;
(h)
recommending measures for regulating import, export or distribution of oilseeds or products of
oilseeds or vegetable oils in the context of an integrated policy and programme
of development of oilseeds and vegetable oils;
(i)
collecting statistics from growers of oilseeds, dealers in
oilseeds, manufacturers of products of oilseeds and vegetable oils and such
other persons and institutions as may be necessary on any matter relating to
the oilseeds industry or vegetable oils
industry and publishing the statistics so collected on portions thereof or
extracts therefrom;
(j)
recommending the setting up and adoption of grade standards
for oilseeds and their products and vegetable oils;
(k)
financing suitable
schemes in consultation with the Central Government and the Governments
of the State where oilseeds are grown on a large scale, so as to increase the
production of oilseeds
and to improve their quality and
yields; and for this purpose evolving schemes for the award of prizes or grant
of incentives to growers of oilseeds and the manufacturers of oilseeds products
and vegetable oils and for providing
marketing facilities for oilseeds products and vegetable oils;
(l)
assisting, encouraging, promoting, co-ordinating and
financing agricultural, technological, industrial or economic research on
oilseeds, their products and vegetable oils in such manner as the Board may
deem fit by making use of available institutions;
(m)
undertaking publicity work on the research and development of
the oilseeds industry and the vegetable
oils industry;
(n)
setting up of regional offices and other agencies for the
promotion and development of production, processing, grading and marketing of
oilseeds and its products and vegetable oils in different States and Union
territories for the efficient discharge of the functions of the Board;
(o)
such other matters as may be considered necessary for the
purpose of carrying out the functions of the Board or as may be prescribed.
(3) The Board shall perform its functions under this section in accordance with, and subject to, such rules as may be made by the Central Government in this behalf.
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10. (1) The Central
Government may, by notification is the Official Gazette and for reasons to be
specified therein, direct that the Board shall be dissolved from such date
and for such period as may be specified
in the notification : |
Dissolution of the Board. |
Provided that before issuing any such notification, the Central
Government shall give a reasonable opportunity to the Board to make representations, against the proposed
dissolution and shall consider the representations, if any, of the Board.
(2)
When the Board is dissolved under the provisions of
sub-section (1), -
(a)
all members, notwithstanding that their term of office has
not expired, 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 and their remuneration shall be
such as may be prescribed;
(c)
all funds and other properties 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 III
FINANCE
ACCOUNTS AND AUDIT
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11.
The Central Government may, after due appropriation made by Parliament
by law in this behalf, pay to the Board by way of grants or loans such sums
of money as the Central Government may think fit for being utilised for the
purposes of this Act. |
Grants and loans by the Central Government. |
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12.
(1) There
shall be formed a Fund to be called
the Oilseeds and Vegetable Oils Development Fund
and there shall be credited thereto – |
(a)