Central Silk Board Act, 1948

Provides for development of silk industry under Central Control for establishing a Central Silk Board.

Central Silk Board Act, 1948

[Act 61 of 1948]      [20th September, 1948]

An Act to provide for the development under Central Control of the [i][* * *] silk industry and for that purpose to establish a Central Silk Board

Whereas it is expedient to provide for the development under Central control of the [ii][* * *] silk industry and for that purpose to establish a Central Silk Board;

It is hereby enacted as follows :—

1. Short title and extent.

1. Short title and extent.—(1) This Act may be called the Central Silk Board Act, 1948.

[iii][(2) It extends to the whole of India[iv]  [* * *][v].]

2. Declaration as to expediency of Union control.

[vi][2. Declaration as to expediency of Union control.—It is hereby declared that it is expedient in the public interest that the Union should take under its control the silk industry.]

3. Definitions.

3. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(a) “Board” means the Central Silk Board constituted under this Act;

(b) “chrakha raw silk” means raw silk reeled from silk worm cocoons with the help of any instrument not worked by power;

(c) “filature raw silk” means raw silk reeled from silk worm cocoons with the help of any instrument worked by power;

(d) “power” means any form of energy which is mechanically transmitted and is not generated by human or animal agency, and includes electrical energy.

(e) “prescribed” means prescribed by rules made under this Act;

(f) “spun silk” means silk yarn spun from pierced or spoilt cocoons, fluff from cocoons, pieces of silk, noils, or other silk waste;

(g) “Standing Committee” means the Standing Committee of the Board constituted under sub-section (2) of section 6.

4. Constitution of the Board.

4. Constitution of the Board.—(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.

[vii][(3) The Board shall consist of the following members, namely :—

(a) a Chairman to be appointed by the Central Government;

(b) not more than three officials to be nominated by the Central Government;

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;

(d) [viii][five persons] to be nominated by the Government of Mysore, one of whom shall represent the filature raw silk industry and two shall represent the rest of the sericulture industry;

(e) [ix][one person] to be nominated by the Government of Madras;

(f) two persons to be nominated by the Government of West Bengal;

(g) one persons to be nominated by each of the Governments of [x][Andhra Pradesh,] Assam, Bihar, Bombay, [xi]* * * Madhya Pradesh and Uttar Pradesh;

(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.

[xii](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 Chairman after giving him notice for a period of not less than three months;

(b) the Chairman 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 Chairman shall be deemed to have vacated his office.

5. Power of the Central Government in default of nominations.

5. Power of the Central Government in default of nominations.—(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.

6. Vice-Chairman and Standing Committee.

6. Vice-Chairman and Standing Committee.—(1) [xiii][The Central Government shall appoint from among the members of the Board] a Vice-Chairman who shall exercise such of the powers and perform such of the duties of the Chairman as may be prescribed or as may be delegated to him by the Chairman.

(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 Chairman, the Vice-Chairman, and five others elected by the Board from among its members.

7. Secretary of the Board.

7. Secretary of the Board.—The Central Government shall [xiv]* * * appoint a Secretary to the Board who 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 the Chairman.

8. Functions of the Board.

8. Functions of the Board.—(1) It shall be the duty of the Board to promote the development of the [xv]* * * silk industry by such measures as it thinks fit.

(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for—

(a) undertaking, assisting or encouraging scientific, technological and economic research;

(b) devising means for improved methods of mulberry cultivation rearing, developing and distributing healthy silkworm seeds, [xvi][or, as the case may be, spinning of silkworm cocoons and silk waste] improving the quality and production of raw silk, if necessary, by making it compulsory for all raw silk to be marketed only after the same has been tested and graded in properly equipped raw silk conditioning houses;

(c) [xvii][the supply of technical advice to filature and charkha reelers]

(d) improving the marketing of raw silk;

(e) the collection of statistics from such persons as may be prescribed;

[xviii][(f) carrying out any other duties which may be vested in the Board under rules made under this Act.]

(3) It shall also be the duty of the Board—

(a) [xix]to advise the Central Government on all matters relating to the development of the raw silk industry, including the import and export of raw silk;

(b) [to submit to the Central Government and such other authorities as may be prescribed half-yearly reports on its activities and the working of this Act;]

(c) to prepare and furnish such [xx][other] reports relating to the silk industry as may be required by the Central Government from time to time.

9. Funds of the Board.

9. Funds of the Board.—(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 authorized by this Act or by rules made thereunder.

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