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CDB
RULES
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 . . . . . . . .) |
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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 |
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Chapter I :
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Chapter II : |
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Chapter III : |
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Chapter IV : |
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Chapter V : |
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Chapter VI : |
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Chapter VII : |
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CHAPTER
1 - Preliminary
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Short
title and commencement -
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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 -
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"Act"
means the Coconut Development
Board Act, 1979(5 of 1979);
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"Committee"
means any of the committees
appointed by the Board under
section 9;
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"Secretary"
means the Secretary to the
Board;
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"Section"
means a section of the Act;
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"Vice-Chairman"
means the Vice-Chairman of
the Board;
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"Chief
Coconut Development Officer"
means Chief Coconut Development
Officer appointed under sub-section
(2) of section 7;
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The
words and expressions used
and not defined, but defined
in the Act shall have the
meanings respectively assigned
to them in the Act.
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CHAPTER
II - Board and its Committees
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3. Manner of filling vacancies among
members. -
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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.
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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 -
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Save
as hereinafter provided,-
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a
member shall hold office
for a period not exceeding
three years from the date
of his appointment.
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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. -
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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.
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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 -
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if
he is of unsound mind and
stands so declared by a competent
court; or
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if
he is an undischarged insolvent;
or
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if
he is convicted of an offence
involving moral turpitude;
or
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if
without the leave of the Chairman,
he fails to attend three consecutive
meetings of the Board.
7. Absence from India -
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Before
a member of the Board goes
out of India -
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he
shall intimate the Secretary
the date of his departure
from and the date of his
expected return to India;
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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. -
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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.
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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.
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CHAPTER III - Travelling and other allowances
to Members of the Board / Committee under the
Board and persons associated by the Board
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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). -
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(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.
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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.
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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.
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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.
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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. |
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CHAPTER
IV- The Board and its Establishment
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16. Boards Establishment. -
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(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:
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Subject
to the conditions specified
in sub-rule (1)-
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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;
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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. |
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CHAPTER V - Powers of the
Board, the Chairman and the Secretary
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23. Power to incur expenditure.-
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(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.
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The
re-appropriations between sub-heads
and heads of expenditure may
be made by the Board.
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The
Board shall not incur expenditure
outside India on any item without
the previous sanction of the
Central Government.
24. Contracts.-
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(1)
The Board may enter into any
contract for the discharge of
the functions entrusted to it
under the Act:
Provided
that-
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every
contract which extends over
a period of more than three
years or involves an expenditure
in excess of rupees one
lakh; and
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every
agreement or contract for
technical collaboration
or consultation services
with firms or foreign Governments
shall require the previous
sanction of the Central
Government.
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Contracts
shall not be binding on the
Board unless they are executed
by the Chairman or any officer
authorised by the Board.
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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:-
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The
Board shall have power to delegate
to a committee such powers as
it deems fit.
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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:-
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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;
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the
power to adopt the budget estimates
of the Board on its behalf;
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the
power to re-appropriate estimated
savings in excess of Rs.2,500
in the case of any single item;
and
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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:-
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(1)
The Chairman shall, as the Chief
Executive of the Board, be responsible
for the proper functioning of
the Board implementing the Boards
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.
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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.
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Subject
to the provision of these rules,
the Chairman may delegate his
powers under this rule to any
other officer of the Board.
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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.
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The
Chairman shall exercise administrative
control over all departments
and officers of the Board including
the Chief Coconut Development
Officer and the Secretary.
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The
Chairman shall have powers.
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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.
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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
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to
carry out the measures in
furtherance of the objects
of the Act, as provided
for under section 10.
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The
Chairman may by order, in writing,
delegate any of his powers under
sub-rule (6) to any other officer
of the Board.
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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.
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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.
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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.-
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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.
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Subject
to such powers and duties as
may be delegated by the Chairman,
the Secretary shall -
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cause
all important papers and
matters to be presented
to the Board as early as
practicable;
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issue
directions, as to the method
of carrying out the decisions
of the Board;
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grant
receipt on behalf of the
Board for all moneys received
under the Act;
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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;
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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
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assist
the Chairman in all administrative
matters and in discharge
of such other functions
as the Chairman may direct.
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CHAPTER VI -
Finance Budget and Accounts of the Board
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32. Budget Estimates.-
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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.
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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.
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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;
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the
estimated receipts referred
to in sub-section (1) of
section 13 of the Act; and
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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:
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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
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Miscellaneous
Sub-heads:
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Salaries;
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Wages;
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Travel
expenses;
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Office
expenses;
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Machinery
and equipment;
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Materials
and supply;
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Rents,
rates and taxes;
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Publications;
and
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Other
charges;
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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.-
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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.
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The
annual accounts of the Board
as mentioned in sub-rule(1),
together with Auditors
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 Boards 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.
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CHAPTER VII -
Miscellaneous
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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. |
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