Coconut Committee Act, 1944

For creation of a fund for the improvement and development of the cultivation, marketing and utilization of coconuts in India.

Coconut Committee Act, 1944

[Act 10 of 1944]      [31st March, 1944]

An Act to provide for the creation of a fund for the improvement and development of the cultivation, marketing and utilization of coconuts in India

Whereas it is expedient to provide for the creation of a fund to be expended by a Committee specially constituted in this behalf for the improvement and development of the cultivation, marketing and utilization of coconuts in India;

It is hereby enacted as follows:—

1. Short title and extent.

1. Short title and extent.—(1) This Act may be called the Indian Coconut Committee Act, 1944.

[i][(2) It extends to whole of India:

Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the levy and collection of the duty of excise specified therein.]

2. Definitions.

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

[ii][(a) “Collector” means the officer appointed by the Central Government to perform in any specified area the duties of a Collector under the provisions of this Act and the rules made thereunder, and includes any officer subordinate to that officer whom he may by order in writing authorize to perform his duties under those provisions;]

(b) “the Committee” means the Indian Coconut Committee constituted under this Act;

[iii][(bb) “Fund” means the Coconut Improvement Fund referred to in sub-section (2) of Section 3;]

[iv][(bbb) “managing agent” has the meaning assigned to it in the Companies Act, 1956 (1 of 1956);]

[v][(c) “mill” means any premises in which or in any part of which copra is crushed or is ordinarily crushed with the aid of power for the extraction of oil;

Explanation.—“Power” means electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency;]

[vi][(cc) “occupier”, in relation to any mill, means the person who has ultimate control over the affairs of the mill, and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the mill;]

(d) “prescribed” means prescribed by rules made under this Act.

3. Imposition of coconut cess.

3. Imposition of coconut cess.—[vii][(1) There shall be levied and collected, as a cess for the purposes of this Act, on all copra consumed in any mill in [viii][India] whether produced in or imported from outside [ix][India] a duty of excise at such rate, not exceeding [x][forty-nine naye paise per quintal], as the Central Government may, after consulting the Committee, by notification in the Official Gazette, fix in this behalf.

[xi][(2)] On the last day of each month, or as soon thereafter as may be convenient, the proceeds of the duty recovered during that month shall, after deduction of the expenses, if any, of collection and recovery, be paid to the Committee, and the Committee shall credit the said proceeds and any other monies received by it to a fund called the Coconut Improvement Fund.]

4. Constitution of Indian Coconut Committee.

4. Constitution of Indian Coconut Committee.—As soon as may be after the commencement of this Act, the Central Government shall cause to be constituted a Committee consisting of the following members, to receive [xii][for credit to the Fund the proceeds of the duty and any other monies received by it and to administer the Fund], namely:—

[xiii][(a) the Vice-President, Indian Council of Agricultural Research;

(aa) the Agricultural Marketing Adviser with the Government of India;]

(b) [xiv][twelve persons] representing the growers of coconut in India, of whom [xv][three shall be nominated by the Government of Madras, four by the Government of [xvi][Kerala]] and one each by the Government of [xvii][Maharashtra], the Government of West Bengal, the Government of Orissa, [xviii][the Government of [xix][Andhra Pradesh]], [xx][and the Government of [xxi][Mysore]];

[xxii][(c) five persons representing the coconut oil industry, two of whom shall be nominated by the Government of [xxiii][Kerala] and one each by the Government of Madras, the Indian Merchants [xxiv][Chamber], Bombay, and the Bombay Chamber of Commerce, Bombay;]

[xxv][(d) [xxvi][nine persons] representing, respectively, the Governments of [xxvii][Andhra Pradesh], Assam, [xxviii][[xxix][Gujarat, Madras[xxx], Maharashtra], Orissa, West Bengal,] Mysore and [xxxi][Kerala], appointed in each case by the State Government concerned;]

(e) one person nominated by the Travancore Chamber of Commerce;

(f) [xxxii][five persons] appointed by the Central Government;

[xxxiii][(g) three other persons, of whom two shall be elected from among themselves by the members of the House of the People and one shall be elected from among themselves by the members of the Council of States.]

5. Incorporation of the Committee.

5. Incorporation of the Committee.—The Committee shall be a body corporate by the name of the Indian Central Coconut Committee, having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

6. Vacancies.

6. Vacancies.—(1) If within the period prescribed in this behalf, or within such further period as the Central Government may allow, any authority or body fails to make any nomination, election or appointment which it is entitled to make under Section 4, the Central Government may itself appoint a member to fill the vacancy in the Committee.

(2) Where a member of the Committee dies, resigns or is removed, or ceases to reside in India, or becomes incapable of acting, the Central Government may, on the recommendation of the authority or body which was entitled to make the first nomination, election or appointment under Section 4, or where such recommendation is not made within a reasonable time, then on its own initiative, appoint a person to fill the vacancy.

(3) No act done by the Committee shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Committee.

7. President of Committee, Secretary, sub-committees and staff.

7. President of Committee, Secretary, sub-committees and staff.—[xxxiv][(1) The Central Government may appoint any of the persons referred to in Section 4 or any other person to be the President of the Committee, and if any other person is so appointed that other person shall be deemed to be a member of the Committee for all the purposes of this Act.]

(2) The Central Government shall appoint a person to be the Secretary of the Committee and such person shall be paid by the Committee such salary and such allowances as may be fixed by the Central Government.

(3) The Committee may appoint such sub-committees and staff as may be necessary for the efficient performance of its functions under this Act.

8. Appointment of officers.

8. Appointment of officers.—The Central Government may, on the recommendation of the Committee, appoint an officer or officers to discharge under the direction of the Committee such duties as may be prescribed, and such officer or officers shall be paid by the Committee such salary and allowances as may be fixed by the Central Government.

9. Application of Fund.

[xxxv][9. Application of Fund.—(1) The Committee shall apply the Fund to meeting the expenses of the Committee and the cost of such measures as it may consider necessary or expedient to take for the improvement and development of the cultivation and marketing of coconuts and of the production, utilization and marketing of copra, coconut oil [xxxvi][coconut poonac and such other coconut products (excepting coir and its products) as the Committee may determine].

(2) Without prejudice to the generality of the foregoing power, the Committee may utilise the Fund to defray expenditure involved in—

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

[xxxvii][(b) the supply of technical advice to growers of coconut, and to persons engaged in any coconut industry;]

(c) encouraging the adoption of improved methods in cultivation;

(d) carrying on such propaganda in the interests of the coconut industry as may be necessary;

(e) collecting statistics from growers, dealers, millers and other sources on all relevant matters bearing on the industry;

(f) fixing grade standards of copra and its products;

(g) recommending the maximum and minimum prices to be fixed for copra;

(h) advising on all matters which requite attention for the development of the industry;

(i) improving the marketing of coconuts in India and abroad and suggesting suitable measures to prevent unfair competition;

(j) assisting in the control of insects and other pests and diseases of coconut trees;

(k) promoting and encouraging co-operative efforts among the coconut growers and in the coconut industries;

(l) adopting such measures as may be practicable for assuring remunerative returns to growers;

(m) maintaining and assisting in the maintenance of such institutes, farms and stations as it may consider necessary;

(n) adopting any other measures or performing any other duties which it may be required by the Central Government to adopt or perform or which the Committee itself may think necessary or advisable in order to carry out the purposes of this Act.]

9-A. Occupiers of mills to supply certain particulars to Collector.

[xxxviii][9-A. Occupiers of mills to supply certain particulars to Collector.—(1) The [xxxix][occupier] of every mill shall—

(a) if the mill was established before the commencement of the Indian Coconut Committee (Amendment) Act, 1952 (69 of 1952), within fourteen days of such commencement; and

(b) if the mill is established after the commencement of the Indian Coconut Committee (Amendment) Act, 1952 (69 of 1952), within fourteen days of such establishment;

furnish to the Collector a statement containing the following particulars, namely:—

(i) the name and situation of the mill;

(ii) the name and address of the [xl][occupier];

(iii) the address to which communications relating to the mill may be sent; and

(iv) the total capacity of the mill to crush copra.

(2) Whoever fails to comply with the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both.]

10. Delivery of monthly returns.

10. Delivery of monthly returns.—(1) The [xli][occupier] of every mill shall furnish to the Collector, on or before the 7th day of each month, a return stating the total amount of copra consumed in the mill during the preceding month, together with such further information in regard thereto as may be prescribed:

Provided that no return shall be required in regard to copra consumed before the commencement of this Act.

(2) Every such return shall be made in such form and shall be verified in such manner as may be prescribed.

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