Chapter III
FINANCE, ACCOUNTS AND AUDIT
12. Grants and loans by the Central Government.
12. Grants and loans by the Central Government.—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.
| Other Contents of Coconut Development Board Act, 1979 |
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| Sections 1 to 11 Sections 12 to 21 |
13. Constitution of Coconut Development Fund.
13. Constitution of Coconut Development Fund.—(1) There shall be formed a Fund to be called the Coconut Development Fund and there shall be credited thereto—
(a) [i][* * *]
(b) any grants or loans granted by the Central Government for the purposes of this Act;
(c) any grants or loans that may be made by any person for the purposes of this Act including loans under Section 14;
(d) any grants or donations from State Governments, voluntary organisations or other institutions:
Provided that no such grant, loan or donation shall be credited to the Fund except with the prior approval of the Central Government.
(2) The Fund shall be applied—
(a) for meeting the cost of the measures referred to in Section 10;
(b) for meeting the salaries, allowances and other remuneration of the members, officers and other employees, as the case may be, of the board;
(c) for meeting the other administrative expenses of the Board and any other expenses by or under this Act;
(d) for repayment of any loans.
14. Borrowing powers of the Board.
14. Borrowing powers of the Board.—(1) The Board may, for the purposes of carrying out its functions under this Act, and with the previous approval of, and subject to the directions of the Central Government, borrow money from—
(a) the public by the issue or sale of bonds or debentures or both, carrying interest at such rates as may be specified therein;
(b) any bank or other institution;
(c) such other authority, organisation or institution as may be approved by the Central Government in this behalf.
(2) The Central Government may guarantee the repayment of the monies borrowed by the Board under sub-section (1) and the payment of interest thereon and other incidental charges.
15. Accounts and audit.
15. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(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 and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand and 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 other 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 the same to be laid before each House of Parliament.
Chapter IV
CONTROL BY CENTRAL GOVERNMENT
16. Directions by Central Government.
16. Directions by Central Government.—The Board shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act.
17. Returns and reports.
17. Returns and reports.—(1) The Board shall furnish to the Central Government at such time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the coconut industry, as the Central Government may, from time to time, require.
(2) The Board shall furnish a programme of its activities for each financial year to the Central Government for their information and directions, if any.
(3) Without prejudice to the provisions of sub-section (1), the Board shall, as soon as possible, after the end of each financial year, submit to the Central Government a report in such form and before such date, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year.
(4) A copy of the report received under sub-section (3) shall be laid, as soon as may be, after it is received, before each House of Parliament.
Chapter V
MISCELLANEOUS
18. Protection of action taken in good faith.
18. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Central Government, or the Board or any committee appointed by it, or any member of the Board or such committee, or any officer or other employee of the Central Government or of the Board or any other person authorised by the Central Government or the Board, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
19. Power to make rules.
19. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely:—
(a) the powers which may be exercised and functions which may be performed by the Vice-Chairman of the Board under sub-section (5) of Section 4;
(b) the term of office of the members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members, under sub-section (6) of Section 4;
(c) the manner in which and the purposes for which any person may be associated by the Board under sub-section (8) of Section 4;
(d) the powers which may be exercised and the duties which may be performed by the Chairman as the chief executive of the Board under sub-section (1) of Section 7;
(e) the powers which may be exercised and the duties which may be performed by the Chief Coconut Development Officer of the Board under sub-section (2) of Section 7;
(f) the powers which may be exercised and the duties which may be performed by the Secretary of the Board under sub-section (4) of Section 7;
(g) the control and restrictions subject to which officers and other employees may be appointed by the Board under sub-section (6) of Section 7;
(h) the form in which option may be given by the officers and other employees of the Directorate of Coconut Development under sub-section (2) of Section 8;
(i) the collection of statistics in respect of any matter relating to coconut industry under clause (g) of sub-section (2) of Section 10;
(j) the matters in respect of which the Board may undertake measures in the discharge of its functions under clause (m) of sub-section (2) of Section 10;
(k) the remuneration and other allowances payable to the person or persons referred to in clause (b) of sub-section (2) of Section 11;
(l) the form in which the accounts of the Board shall be maintained under sub-section (1) of Section 15;
(m) the form and manner in which and the time at which the Board may furnish returns and reports to the Central Government under sub-section (1) of Section 17;
(n) the form in which and the date before which the Board shall furnish to the Central Government the report of its activities and programmes under sub-section (3) of Section 17;
(o) any other matter which has to be, or may be, prescribed by rules under this Act.
20. Power to make regulations.
20. Power to make regulations.—(1) The Board may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provisions is necessary or expedient for the purposes of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the forgoing powers, such regulations may provide for all or any of the following matters, namely:—
(a) the times and places at which meetings of the Board or any committee thereof, shall be held and the procedure to be followed thereat, and the number of members which shall form a quorum at a meeting under sub-section (10) of Section 4;
(b) the method of appointment, the conditions of service and the scales of pay and allowances of any of the officers and other employees of the Board under sub-section (6) of Section 7;
(c) generally, for the efficient conduct of the affairs of the Board.
(3) The Central Government may, by notification in the Official Gazette, modify or rescind any regulation sanctioned by it and the regulation so modified or rescinded shall have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or rescission shall be without prejudice to the validity of anything done under the regulation before its modification or rescission.
21. Rules and regulations to be laid before Parliament.
21. Rules and regulations to be laid before Parliament.—Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
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