|
 |
THE COCONUT DEVELOPMENT BOARD
RULES, 1981
Government of
India
Ministry of Agriculture,
Dept. of Agriculture & Cooperation
Subordinate Legislation under
The Coconut Development Board Act, 1979
(5 of 1979)
(As amended up to . . . . . . . .) |
 |
|
1.
*
G.S.R.34(E) dated the 28th
January 1981 - In exercise of the powers
conferred by section 19 of the Coconut
Development Board Act, 1979 (5 of 1979),
the Central Government hereby makes the
following rules, namely:- |
1. Published
in the Gazette of India, Extraordinary,
1981; Part II, Section 3(i), Sl.No.27 |
|
Chapter I
|
|
Chapter II
|
|
Chapter III
|
|
Chapter IV
|
|
Chapter V
|
|
Chapter VI
|
|
Chapter VII
|
|
CHAPTER 1 - Preliminary
 |
Short
title and commencement -
-
These
rules may be called the Coconut
Development Board Rules, 1981.
-
They
shall come into force on the date of
their publication in the official
Gazette.
2.
Definitions - In these rules, unless
the context otherwise requires -
-
"Act"
means the Coconut Development
Board Act, 1979(5 of 1979);
-
"Committee" means any of the
committees appointed by the Board
under section 9;
-
"Secretary" means the Secretary to
the Board;
-
"Section" means a section of the
Act;
-
"Vice-Chairman" means the
Vice-Chairman of the Board;
-
"Chief
Coconut Development Officer" means
Chief Coconut Development Officer
appointed under sub-section (2) of
section 7;
-
The
words and expressions used and not
defined, but defined in the Act
shall have the meanings
respectively assigned to them in
the Act.
|
|
|

CHAPTER II - Board and its
Committees
 |
3.
Manner of filling vacancies among
members. -
-
The
Central Government may make such
consultations as it may think fit,
before appointing the
representatives of the interests
specified in clauses (f), (i), (j)
and (k) of sub-section (4) of
section 4.
-
When a
member of the Board dies or
resigns or is deemed to have
resigned or is removed from office
or becomes incapable of acting,
the Central Government may by
notification in Official Gazette
appoint a person to fill that
vacancy:
Provided that where the vacancy is
one which was held by the outgoing
member by virtue of his membership
of Parliament under clause (e) of
sub-section (4) of section 4, the
appointment of the next incumbent
of that vacancy shall be on the
basis of fresh election by that
House of Parliament to which the
outgoing member belonged.
4.
Term of office of members -
-
Save
as hereinafter provided,-
-
a
member shall hold office for a
period not exceeding three years
from the date of his
appointment.
-
a
member appointed under
sub-section (4) of section 4
shall cease to be a member of
the Board if he ceases to be a
member of the House of
Parliament by which he was so
elected, or cease to represent
the category/interest from which
he was so appointed:
Provided that a member shall be
eligible for re-appointment.
-
A
person appointed to fill a casual
vacancy under sub-rule (2) of rule
3 shall hold office so long as the
member whose place he fills would
have been entitled to hold office,
if the vacancy had not occurred.
5.
Resignation. -
-
The
office of a member 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.
-
The
power to accept the resignation of
a member shall vest in the
Chairman, who on accepting the
resignation, shall report that to
the Board at its next meeting.
6.
Removal from Board. - The Central
Government may remove any member
from office -
-
if he
is of unsound mind and stands so
declared by a competent court; or
-
if he
is an undischarged insolvent; or
-
if he
is convicted of an offence
involving moral turpitude; or
-
if
without the leave of the Chairman,
he fails to attend three
consecutive meetings of the Board.
7.
Absence from India -
-
Before
a member of the Board goes out of
India -
-
he
shall intimate the Secretary the
date of his departure from and
the date of his expected return
to India;
-
if
he intends to be absent from
India for a period longer than
six months, he shall tender his
resignation.
8.
Membership Roll. - The Secretary
shall keep a record of the names of
members and their addresses.
9.
Change of address. - A member shall
keep the Secretary informed of any
change in his address and if he
fails to inform the change of
address, the address in the official
records shall for all purposes be
deemed to be his correct address.
10.
Chairman. - The Chairman who
shall also be the Chief Executive of
the Board shall be appointed by the
Government of India from amongst
persons having knowledge and
experience of coconut production,
development and processing.
11.
Vice-Chairman. -
-
The
Board shall elect, in each year
from amongst its members, a
Vice-Chairman for a period of
twelve months commencing from the
date of his election, or if the
election is held before the expiry
of the term of office of an
existing Vice-Chairman, from the
date on which such Vice- Chairman,
would vacate the office.
-
If a
casual vacancy occurs in the
office of the Vice-Chairman on
account of resignation or his
ceasing to be a member or
otherwise, the Board shall, at its
next meeting, elect another member
to be the Vice-Chairman who shall
hold office for the un-expired
portion of the term of the
Vice-Chairman who has resigned or
ceased to be a member of the
Board.
|
|
|

CHAPTER III - Travelling and other allowances to
Members of the Board / Committee under the Board
and persons associated by the Board
 |
|
12.
Travelling and other allowances to
members of the Board and its
committees and persons associated with
the Board under section 4(8) or
co-opted as member of its committees
under section 9(2). -
-
(1) A
member of the Board or its committee
or a person associated with the
Board under section 4(8) or a person
co-opted as a member of a committee
under section 9(2), other than a
Government servant, shall be
entitled to draw in respect of any
journey performed by him for the
purpose of attending a meeting of
the Board or of a duly constituted
committee thereof, or for the
purpose of discharging any duty
assigned to him by the Board or the
committee concerned, travelling
allowance and daily allowance at the
highest rates admissible to
Government servants of the first
grade under the rules and orders
made by the Central Government and
for the time being in force:
Provided that, the payment of
travelling allowance and daily
allowance to the Members of the
Parliament shall be regulated in
accordance with the Salary,
Allowances and Pension of Members of
Parliament Act, 1954.
-
In the
case of any journey performed by an
official of the Central or the State
Government specially nominated by
the Board to serve on any ad-hoc
committee or any other committee or
to attend to any other business of
the Board, the travelling and daily
allowances admissible to him shall
be payable by the Board, at the
rates admissible to him under the
rules of the Government under which
he is for the time being employed.
-
No
travelling allowance or daily
allowance, shall be allowed to a
member of the Board or its committee
or any other person associated by
the Board or co-opted by its
committee unless he certifies that
he has not drawn any travelling or
daily allowance from any other
source in respect of the journey and
halt for which the claim is made.
-
Travelling allowance shall be
payable from the usual place of
residence of a member or the person
entitled under these rules, to the
place of the meeting or the place
where he has gone to attend to any
business of the Board or any of its
committees and back to his place of
residence:
Provided
that, when the journey commences
from or the return journey
terminates at any place other than
his usual place of residence, the
travelling allowance shall be
limited to the amount that would
have been payable had the journey
commenced from or terminated at the
usual place of residence; or to the
amount payable in respect of the
actual journey undertaken whichever
is less:
Provided further that, in special
circumstances and with previous
approval of the Central Government,
the Chairman may grant travelling
allowance from places other than the
usual place of residence of a
member.
-
The
Chairman shall be the controlling
officer for the purpose of
travelling and daily allowance of
the members of the Board or of any
committee or the persons associated
with the Board or co-opted as member
of any committee.
13.
Conveyance Allowance:- No conveyance
allowance for attending meetings of
the Board or any of the committees of
the Board or for attending to any
other business of the Board, shall be
paid to those members or persons who
draw travelling or daily allowance:
Provided
that, a member or a person who is
resident at a place where the meeting
of the Board or any of the committees
is held or where any other business of
the Board is transacted, may be paid
the actual expenditure incurred on
conveyance by him subject to a maximum
of rupees ten per day.
14.
Payment of fees.- Fees may be paid up
to a limit of Rs.1000/- to a person
associated by the Board or to a person
co-opted as a member of a committee of
the Board for special work of
occasional or intermittent character,
in furtherance of the objectives of
the Board and in compliance with any
of the provisions of the Act:
Provided
that, the admissibility of fees and
its quantum in each case will be
decided in accordance with the
relevant rules and orders framed by
the Central Government.
Provided
further that, fees beyond the limit of
Rs.1000/- to one person during a year
can be sanctioned only with the prior
approval of the Central Government.
15.
Travelling and daily allowances, etc.
for journey undertaken outside India.
- No travelling allowance for any
journey undertaken outside India shall
be paid to any member of the Board or
any Committee or any person associated
with the Board or co-opted as member
of any Committee:
Provided
that, if any member of the Board or
any Committee with the previous
consent of the Central Government,
travels outside India in the interest
of the Board, he shall be entitled to
receive travelling and other
allowances at such rates as may be
sanctioned by the Central Government
from time to time for non- official
members of a delegation sent by it
outside India. |
|
|

CHAPTER IV- The Board
and its Establishment
 |
|
16.
Board’s Establishment. -
-
(1)
The Board may subject to
availability of funds either by
inclusion of a specific budget
provision for the purpose or by
savings under an appropriate
head or by valid
re-appropriation, sanction posts
as provided for under
sub-section (6) of section 7 and
in accordance with the Staff
Regulations framed for the
purpose with the approval of the
Central Government, if in its
opinion such creation of posts
is considered necessary for the
efficient performance of its
functions:
Provided that no post carrying a
pay or a scale of pay the
maximum of which is above
Rs.1,300 per mensem shall be
created and appointments made
thereto without the previous
sanction of the Central
Government:
-
Subject to the conditions
specified in sub-rule (1)-
-
the Chairman may make
appointments to Group "C"
posts carrying a pay or a
scale of pay, the maximum of
which is less than Rs.900 per
mensem;
-
the Chairman may make
appointments to Group "D"
posts also.
17.
Abolition of posts:- The Board may
abolish any post which it is
competent to create.
18.
Filling of posts by direct
recruitment:- All vacancies in the
rank of officers carrying a pay,
or a scale of pay, the maximum of
which is above Rs.1200/- per
mensem or in any other posts,
classified as technical posts, to
be filled by direct recruitment,
shall be advertised, and all
vacancies in other ranks shall be
notified to the local Employment
Exchange concerned, and other
agencies, in accordance with rules
and regulations in force in
respect of vacancies under the
Central Government and
appointments shall be made from
among the persons making
application in pursuance of the
advertisement or the candidates
recommended by the Employment
Exchange, as the case may be.
19.
Filling of posts by promotion:- In
filling vacancies by promotion in
respect of the categories of posts
referred to in sub-rule (2) of
rule 16, the Chairman shall
consider the claims of all
candidates eligible for promotion
to such posts.
20.
Pay, leave, allowance, etc.-
The pay, leave, allowances,
pension and retirement benefits,
and other conditions of service
and other facilities and
concessions such as advances of
pay, advances for purchase of
conveyances, construction of
houses and the like, in respect of
all employees appointed by the
Board, shall be regulated in
accordance with such rules and
regulations as are for the time
being applicable to officers and
employees of the Central
Government of the corresponding
grades or status stationed at
those places, till separate
regulations are made by the Board.
21.
Posting and transfers.- Posting
and transfers of all officers and
employees of the Board shall be
made by the Chairman in accordance
with the staff Regulations framed
with the approval of the Central
Government but the Chairman may
delegate this power to the other
officers of the Board subject to
such conditions as he thinks fit.
22.
Sending persons abroad:- The Board
shall not send any officer of the
Board or any member of the Board
to places outside India without
the previous sanction of the
Central Government. |
|
|

CHAPTER V - Powers of the
Board, the Chairman and the Secretary
 |
|
23.
Power to incur expenditure.-
-
(1)
Subject to the provisions of the Act
and their rules and the rules made
and orders issued by the Central
Government relating to revenue and
expenditure for the time being in
force, the Board may incur such
expenditure as it may think fit on
items provided for and within
amounts sanctioned by the Central
Government, in the budget.
-
The
re-appropriations between sub-heads
and heads of expenditure may be made
by the Board.
-
The
Board shall not incur expenditure
outside India on any item without
the previous sanction of the Central
Government.
24.
Contracts.-
-
(1) The
Board may enter into any contract
for the discharge of the functions
entrusted to it under the Act:
Provided
that-
-
every
contract which extends over a
period of more than three years or
involves an expenditure in excess
of rupees one lakh; and
-
every
agreement or contract for
technical collaboration or
consultation services with firms
or foreign Governments shall
require the previous sanction of
the Central Government.
-
Contracts shall not be binding on
the Board unless they are executed
by the Chairman or any officer
authorised by the Board.
-
Neither
the Chairman nor any officer of the
Board nor any member thereof shall
be personally liable under any
assurances or contracts made by the
Board and any liability arising
under such assurances or contract
shall be discharged from the moneys
at the disposal of the Board.
25.
Delegation of powers:-
-
The
Board shall have power to delegate
to a committee such powers as it
deems fit.
-
Every
committee appointed by the Board
shall exercise the powers conferred
on it by or under the Act, subject
to such instructions, directions or
limitations, if any, as may be
defined by resolution of the Board
and all acts of every committee
shall be subject to the control of
the Board which may cancel, suspend
or modify, as it thinks fit, any
such act.
26.
Restrictions on delegation of powers.-
The Board shall not delegate any of
the following powers to any
committee:-
-
The
powers to sanction non-recurring
expenditure in excess of Rs.20,000
in respect of any single item and
recurring expenditure which involves
an outlay of more than Rs.20,000 in
a year on any single item;
-
the
power to adopt the budget estimates
of the Board on its behalf;
-
the
power to re-appropriate estimated
savings in excess of Rs.2,500 in the
case of any single item; and
-
the
power to create posts under section
7.
27.
Financial transactions in general:-
Except as otherwise provided in these
rules, the provisions of the Central
Treasury Rules, the Delegation of
Financial Power Rules, 1978 and the
General Financial Rules, 1963 of the
Central Government, for the time being
in force, shall, subject to such
modifications or adaptations as may be
made by the Board therein with the
previous approval of the Central
Government apply to all financial
transactions of the Board.
28.
Powers and duties of Chairman:-
-
(1) The
Chairman shall, as the Chief
Executive of the Board, be
responsible for the proper
functioning of the Board
implementing the Board’s policies
and the discharge of its functions
as provided under the Act and the
duties under these rules and the
regulations framed by the Board.
-
It shall
be the responsibility of the
Chairman to ensure that in carrying
out the functions and duties under
sub-rule (1), the Board works in
close liaison with the State
Governments, Union and other
Agencies institutions and
authorities such as the Indian
Council of Agricultural Research,
Directorate of Marketing and
Inspection, Coir Board, the
Agricultural Universities in the
coconut growing states, the Kerala
State Coconut Development
Corporation and other institutions
and organisations concerned with the
coconut industry and avoids
duplication of efforts. It shall
also be the responsibility of the
Chairman to ensure that in carrying
out the functions and duties under
sub-rule (1), appropriate measures
are taken to protect the interests
of small farmers and producers so
that they may become participants in
and beneficiaries of the development
and growth of coconut industry.
-
Subject
to the provision of these rules, the
Chairman may delegate his powers
under this rule to any other officer
of the Board.
-
The
Chairman shall have the power to
grant leave to all officers and
employees of the Board and may
delegate this power to any other
officer of the Board subject to such
conditions as he thinks fit.
-
The
Chairman shall exercise
administrative control over all
departments and officers of the
Board including the Chief Coconut
Development Officer and the
Secretary.
-
The
Chairman shall have powers.
-
to
call for documents and records and
to inspect or cause to be
inspected, accounts and places of
storage or of business as required
under the Act of these rules or as
may be considered necessary for
discharging properly any of the
functions of the Board.
-
to
sanction expenditure, subject to
the provisions of rule 26, for
contingencies, supplies and
services and purchase of articles
required for the maintenance and
working of the office of the
Board, and
-
to
carry out the measures in
furtherance of the objects of the
Act, as provided for under section
10.
-
The
Chairman may by order, in writing,
delegate any of his powers under
sub-rule (6) to any other officer of
the Board.
-
The
Chairman shall have power to require
the Board or any committee thereof
to defer taking action in pursuance
of any decision taken by the Board
or the committee, as the case may
be, pending a reference to the
Central Government on such decision.
-
Where a
matter has to be disposed of by the
Board or a committee thereof and
decision in respect of that matter
cannot wait till a meeting of the
Board or the committee, as the case
may be, is held or till completion
of circulation of the relevant
papers among the members of the
Board or the committee, the Chairman
may take required decision himself.
-
Where
the Chairman takes such decision, he
shall submit the same for
ratification by the Board or the
committee, as the case may be, at
its next meeting.
Provided
that, if the Board or the committee
modifies or annuls the decision
taken by the Chairman, such
modification or annulment shall be
without prejudice to the validity of
any action taken before such
modification or cancellation.
29.
Powers and duties of Vice-Chairman. -
The Vice-Chairman shall preside over
the meetings of the Board and its
committees in the absence of Chairman
and shall exercise such powers and
perform such functions of the Chairman
as may be delegated to him by the
Chairman.
30.
Powers and duties of the Chief Coconut
Development Officer.- The Chief
Coconut Development Officer shall
function as the Head of the technical
wing of the Board under the Chairman
and shall exercise such powers and
perform such duties as may be
delegated to him by the Chairman.
31.
Powers and duties of Secretary.-
-
The
Secretary shall be responsible for
the implementation of the decisions
arrived at by the Board or by its
committees and the discharge of the
duties imposed on him under the Act
or by these rules.
-
Subject
to such powers and duties as may be
delegated by the Chairman, the
Secretary shall -
-
cause
all important papers and matters
to be presented to the Board as
early as practicable;
-
issue
directions, as to the method of
carrying out the decisions of the
Board;
-
grant
receipt on behalf of the Board for
all moneys received under the Act;
-
maintain or cause to be maintained
an account of the receipt and
expenditure of the Board and also
the various registers that may be
prescribed for the Board under the
Act or these rules;
-
present an annual draft report on
the working of the Board to the
Board for approval and submit the
report in the form approved by the
Board to the Central Government
not later than the dates specified
from time to time in this behalf
by the Central Government for
being laid on the table of both
Houses of Parliament; and
-
assist
the Chairman in all administrative
matters and in discharge of such
other functions as the Chairman
may direct.
|
|
|

CHAPTER VI - Finance
Budget and Accounts of the Board
 |
|
32.
Budget Estimates.-
-
The
Board shall in each year, prepare
budget estimates for the ensuing
financial year and revised estimates
for the current year and shall
submit it for sanction to the
Central Government on or before such
date as may be fixed by the
Government. The revised budget when
sanctioned shall supersede the
original budget and shall be deemed
to be the sanctioned budget for the
year.
-
No
expenditure shall be incurred until
the budget is sanctioned by the
Central Government and the
expenditure has received the
sanction of the competent
authorities.
-
The
budget shall be prepared in
accordance with such instructions as
may be issued from time to time and
be in such form as the Central
Government may direct. It shall
include a statement of.-
-
the
estimated opening balance;
-
the
estimated receipts referred to in
sub-section (1) of section 13 of
the Act; and
-
the
estimated expenditure classified
under the following heads and
sub-heads or such other heads and
sub-heads as the Central
Government may direct namely:-
Heads:
-
Administration;
-
Development of coconut
production in including
promotion of co-operative
efforts among coconut growers
and assistance for improved
methods of cultivation;
-
Improvement of marketing
facilities for coconut and its
products including grading;
-
Research on coconut and its
products;
-
Extension activities including
propaganda and publicity;
-
Statistics;
-
Works; and
-
Miscellaneous
Sub-heads:
-
Salaries;
-
Wages;
-
Travel expenses;
-
Office expenses;
-
Machinery and equipment;
-
Materials and supply;
-
Rents, rates and taxes;
-
Publications; and
-
Other charges;
-
Programme of activities for the
ensuing financial year.
-
Supplementary estimates of
expenditure, if any, shall be
submitted for the sanction of the
Central Government in such form and
on such dates as may be directed by
it in this behalf.
33.
Accounts of the Board.-
-
The
Board shall maintain accounts of all
receipts and expenditure relating to
each year and maintain records in
such a manner as to prepare annually
the receipts and payment account and
income and expenditure account and a
balance sheet. These accounts shall
be approved by the Board and
submitted to Auditors.
-
The
annual accounts of the Board as
mentioned in sub-rule(1), together
with Auditor’s Report thereon, as
provided under section 15(4) of the
Act, shall be submitted annually to
the Central Government as soon as
possible after the close of the year
and in any case, not later than the
dates specified in this behalf by
the Central Government for being
laid on the tables of both Houses of
Parliament.
-
Without
prejudice to anything contained in
this rule the Board shall, after the
end of each financial year, submit
to the Central Government a report
in a form to be decided by the
Central Government giving a true and
full account of its activities,
policy and programmes during the
previous financial year latest by
the 30th June.
34.
Deposit of funds of the Board in Banks
and investment of such funds -
-
(1)
Money required for the current
expenditure of the Board with the
exception of petty cash and surplus
moneys shall be kept in current
account in the State Bank of India
or any of the nationalised banks and
operated as per requirements and
expenditure shall be incurred only
after sanction thereof by
withdrawing money from this Account.
-
Funds in
the Board’s Pension Fund or
Provident Fund, not required for
current expenditure, may be invested
in Trustee Securities or Ten-Year
Treasury Savings Deposit
Certificates or National Savings
Certificates or National Defence
Certificates to the extent
permissible or in fixed deposit with
the State Bank of India or any of
its subsidiaries or, if approved by
the Central Government, with any
other scheduled bank.
-
Payment
by or on behalf of the Board shall
be made in cash or by cheque drawn
against the current account of the
Board.
-
Such
cheques and all orders for making
deposit or investments or withdrawal
of the same, or for the disposal in
any other manner, of the funds of
the Board shall be signed by the
Secretary and countersigned by the
Chairman or in the absence of the
Chairman, any other officer of the
Board duly authorised by him.
|
|
|

CHAPTER VII -
Miscellaneous
 |
|
36.
Reports and returns.-
-
The
Chairman or any other officer
authorised by the Chairman shall
have power to call for any
information on statistics in respect
of coconut or any other product of
coconut from:-
-
growers of coconut;
-
dealers in coconut or copra
including copra milling industry;
-
manufacturers of coconut product;
and
-
any
person or firm or company or any
other institution dealing in, or
having any connection with coconut
industry or coconut products.
-
The
Board shall furnish a programme of
its activities including
developmental programmes for each
financial year in advance and not
later than 31st December of the
current financial year.
(No.F.12(16)/78-CA.I)
R. C. SOOD, Addl. Secy.
|
|
|

|
Friends of Coconut Tree
Coconut Producers' Society
Photo Gallery
Media says
on coconut
Rejuvenation
online site |