Rule, 1992

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

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SPICES BOARD (MEETINGS) RULES, 1992

CHAPTER - I

PRELIMINARY

Sections Short title and commencement Page

2. Definitions

CHAPTER - II

PROCEDURE FOR MEETINGS OF THE BOARD

3. Meetings of the Board

4. Power to call meetings

5. Notice for the meetings

6. Quorum

7. presiding of meetings

8. Agenda

9. Voting •

10. Business by circulation

11. Record of business

CHAPTER - HI

PROCEDURE FOR MEETINGS OF THE COMMITTEE

12. Power to call meetings

13. Agenda

14. Quorum

15. presiding of meetings Record of business Voting Business by circulation of papers

CHAPTER - IV

TRAVELLING AND OTHER ALLOWANCES

PAYABLE TO THE BOARD OR A COMMITTEE

Travelling and daily allowances payable to members of the Bc-ard and Committee Conveyance Allowance - v 9 *JcT̂ 1992 t;

MINISTRY OF COMMERCE

(Spices Board (Meetings) Rules, 1992) Notification New Delhi, the 9th July, 1992 G. S. R. 673(E) - In exercise of the powers conferred by section 38 of the Spices Board Act, 1986 (10 of 1986) the Central Government hereby makes the following rules namely:- Chapter - I Preliminary

1. Short title and Commencement :-

(1) These rules may be called the Spices Board (Meetings) Rules, 1992.

*(2)They shall come into force on the date of their publication in official Gazette.

2. Definitions :- In these rules, unless the context otherwise requires:-

(i) "Act" means the Spices Board Act of 1986 (10 of 1986):

(ii) "Board" means the Spices Board constituted under sub­ section (1) of section 3 of the Act;

(iii) "Chairman" means the Chairman of the Board ap­ pointed under sub-section (3) (a) of section 3 of the Act;

(iv) "Rules" means the Spices Board Rules, 1987;

(v) "Secretary means Secretary of the Board appointed under Sub-section (1) of section 4 of the Act;

came into force from 10th July 1992.

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(vi) "Vice-Chairman" means Vice-Chairman of the Board elected under sub-section (7) of section 3 of the Act;

and

(vli) Words and expressions used herein and not defined but defined in the Act and rules made thereunder shall have the same meanings respectively assigned to them In that Act or rules made thereunder.

CHAPTER - II

PROCEDURE FOR MEETINGS OF THE BOARD

3. Meetings of the Board:- There shall be not less than three ordinary meetings of the Board in a year, on such dates, time and at such places, as the Chairman may think fit, and the interval between any two ordinary meetings shall not in any case be longer than six months.

4. Power to call meetings :- 1 L

(1) The Chairman may, at any time, call a meeting of the Board and shall do so if a requisition for a meeting is presented to him in writing by at least ten members:

Provided that in cases of urgency, a special meeting of the Board may be summoned at any time by the Chairman, who shall inform in advance, the Central Government and the members, of the subject matter for discussion and the reasons for which he considers the summoning of such meetings urgently. No ordinary business shall be transacted at such special meetings.

(2) The Chairman may require any officer of the Board or invite any person whose advice npay be considered necessary for the Board, to attend anyTneeting of the Board, but such officer or person shall not be entitled to vote.

5. Notice for the meetings: - At least fourteen days before any ordinary meeting of the Board, notice of the time and place of the intended meeting, signed by the Secretary, shall be sent to the Central Government and left at or posted to the address of every member.

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6. Quorum :-

(1) No business shall be transacted at a meeting of the Board unless there are present at such meetings at least ten members.

(2)* If at any time the number of members present in a meeting is less than the number of members specified in sub-rule (1), the person presiding shall adjourn the meeting to a date not later than seven days from the date of such meeting, after informing all the members of the Board of the date, time and place of meeting and it shall thereupon be lawful for the person presiding at such meeting to dispose off the business intended to be transacted at the original meeting, irrespective of the number of members present.

7. Presiding of meetings :- The Chairman or in his absence the Vice-Chairman shall preside at every meeting of the Board and if both the Chairman and the Vice-Chairman are not present the members present at the meeting shall elect one of the members to preside over the jmeeting.

8. Agenda :-

(1) The Chairman shall cause to be prepared and circu­ lated to the Central Government and among the members of the Board at least fourteen days before a meeting of the Board in case of ordinary meetings a list of business to be transacted at such meetings.

* Amended vide Govt. Notification GSR No 116 (E) Dtd

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(2) The members who are desirous of bringing any subject on which resolutions have to be made by the Board shall inform the Chairman in writing twenty one days prior to an ordinary meeting. The subjects so brought by the members may be included in the agenda, if they do not contravene any of the provisions of the Act, Rules and Regulations, if any subject brought by the members is not included in the agenda for the meeting, the member concerned may be informed the reasons therefor, •t

(3) No business, not included in the agenda shall be transacted without the permission of the Chairman.

9. Voting :-

(1) Every question brought before a meeting of the Board shall be decided by a majority of the members present and voting.

(2) In the case of an equality of votes, the Chairman or the member presiding over such meeting shall have a second or casting vote.

10. Business by Circulation :--

(1) Any business which is to be transacted by the Board may, the Chairman so directs, be referred to members (other than members who are not in India) by circula­ tion of papers and copies of papers so circulated, shall also be sent to the Central Government.

(2) Any proposal or resolution circulated under sub-rule (1) and approved by the majority of the members who have recorded their views in writing shall be as effectual and binding as if such proposal or resolution were decided by the majority of the members at a meeting:

WtT| r il a &d* * Provided that atleast ten members of the Board have approved the proposal or resolution.

Provided further that when a proposal or resolution is referred to the members by circulation, any five members of the Board may require that the proposal or resolution may be referred to members at a meeting of the Board.

(3) When any business is referred to members of the Board under sub-rule (1) by circulation, a period of not less than ten days shall be allowed for receipt of replies from members and such period shall be reckoned from the date on which the notice of business is issued.

(4) Where a proposal or resolution is circulated under sub- rule (1), the result of the circulation shall be communi­ cated to all members of the Board and to the Central Government.

(5) All decisions on questions arrived at by circulation of papers shall be placed at the next meeting of the Board for record.

11. Record of business :-

(1) A record of all proceedings' of the Board shall be maintained by the Secretary of all items of business transacted by the Board and copies of such record shall be forwarded to the Central Government.

(2) When a business is transacted by circulation of papers under rule 10, a record of business so transacted shall be signed by the Chairman.

* Amended wide Govt. Notification GSR No. 116 (E) Dtd. 24.2.94

(3) The record of business transacted at every meeting of the Board shall be signed by the Chairman or Vice - Chairman or the member presiding at such meetings, as the case may be.

(4) The names of the members present at each meeting shall be recorded in the minutes book.

(5) A member present at any meeting of the Board shall sign his name in a book to be provided by the Board for that purpose.

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CHAPTER - III

PROCEDURE FOR MEETINGS OF THE COMMITTEE

12. Power to Call Meetings :-

(1) The Chairman of the Committee concerned may, at any time call a meeting of the Committee and shall do so if a requisition for a meeting of the Committee is presented to him in writing by at least one third of the total number of members of the Committee:

Provided that in the case of urgency, special meeting of a Committee may be summoned at any time by its Chairman, who shall inform in advance the members thereof, of the subject matter for discussion and the reasons for which he considers the summoning of such meetings urgently:

Provided further that no ordinary business shall be transacted at such special meetings of the Committee.

(2)* The Chairman of a Committee may require any officer of the Board or invite any other person or persons to attend any meeting of the Committee, but the officer .or person(s) so required or invited shall not be entitled to vote at such meeting.

(3) At least ten days before any meeting of a Committee notice of the date, time and place of the intended meeting, signed by the Secretary, shall be left at or posted to the address of every member of the Committee. ;

(4) Notice of every meeting of a standing Committee shall be sent to the Central Government.

13. Agenda-

(1) The Chairman of the Committee concerned shall cause to be prepared and circulated to all the members of the Committee, at least seven days before * Amended vide Govt. Notification GSR No. 116 (E) Dtd. 24.2.94 a meeting of the Committee, a list of business to be transacted at such meeting.

(2) No business not included in the agenda, shall be transacted at a meeting of a Committee without the permission of the Chairman.

(3) A copy of agenda for the meeting and the proceed­ ings of Standing Committee shall be sent to the Central Government also.

14. Quorum:- •t

(1) No business shall be transacted at a meeting of a Standing Committee unless "there are present at least one third of the members of such Committee or three members whichever is more.

(2) The quorum for a meeting of any Committee other than a Committee referred to in sub-rule (1) shall be one half of the total number of members of such Committee.

(3)* If at any time, the number of members present in a meeting of a Committee is less than the number specified in sub-rule (1) or (2), the person presiding shall adjourn the meeting to a date not later than seven days from the date of the meeting and inform all the members of the Committee of the date, time and place of the next meeting and it shall thereupon be lawful for a person presiding to dispose of at such meeting the business intended to be trasacted at the original meeting irrespective of the number of mem­ bers attending the adjourned meeting.

15, Presiding of meetings :-

(1) The Chairman shall preside over the meetings of the "Executive Committee", "Research and Development Committee for Cardamom" and "Market Development Committee for Spices". In the absence of the Chairman the Vice-Chairman, shall preside over the meetings of these committees. In the absence of Chairman and * Amended wide Govt. Notification GSR No. 116 (E) Dtd. 24.2.94

17. Md^M:

Vice-Chairman the members present at the meeting shall elect one person from amongst themselves to preside over the meetings.

(2) The meetings of any Committee other than the Com­ mittees referred to in sub-rule (1) shall be presided over by the person appointed as its Chairman:

Provided that in the absence of such person, a person elected by the members of that Committee from amongst themselves shall preside over such meetings.

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16. Record of Business :- A record of all proceedings of the Committee shall be maintained by the Secretary of all items of business transacted by the Committee and copies of such record shall be forwarded to the Central Government.

17. Voting :- Every question brought before any Committee shall be decided by a majority of the members thereof present and voting at such meeting and in the event of an equality of votes, the person presiding over such meeting shall have a second or casting vote.

18. Business by Circulation of papers :-

(1) Any business which is to be transacted by a Committee if the Chairman thereof so considers necessary, may be referred to the members of such Committee (other than the members who are absent from India) by circulation of papers.

(2) Any proposal or resolution circulated under sub-rule (1) and approved by a majority of the members of such Committee who have recorded their views in writing shall be as effectual and binding as if such proposal or resolution were decided by the majority of the mem­ bers of such committee at a meeting:

Provided that if three members of such a Committee require that the proposal or resolution be referred to members at a meeting of the Committee, the proposal or resolution shall be placed at a meeting of the Committee.

(3) Where a proposal or resolution is referred to the members of a Committee by circulation of papers, a period of not less than ten days shall be allowed for the receipt of replies and such period shall be reckoned from the date of which notice of such proposal on resolution is circulated.

(4) If a proposal or resolution is circulated under this rule, the result of circulation shall be communicated to ail members of the Committee.

(5) All decisions arrived at by circulation of papers shall be placed at the next meeting of the Committee for record.

CHAPTER -IV

COMMITTEE

" ' " M ^ " " 9 a n d * » " * Allowances payable to Members of the Board and Committed for the time being in force.

Board o9r a ^ T ™ ° f ^ a nV o t h e r bus iness? , ^ Board or a Committee, the travellina and dailv ^ ? K of the journey and halt for which the claim is made ( 5 ) Dior? o? a " ° W a n c e s s h a " be payable from the usual Place of residence of a member of the Board or a Dtd. 24.2.94 Committee to the places of the meeting or the place where he has gone to attend to any business of the Board or a Committee and back to his place of residence :

Provided that when the journey commences from or the return journey terminates at any other places, the travelling allowance shall be limited to the amount that would have been payable had the journey com­ menced from or terminated at the usual place of residence, or to the amount payable in respect of the actual journey undertaken, whichever is less.

20. Conveyance Allowance :- ( l) No conveyance allowance for attending any meeting of the Board or of a Committee or for any other business of the Board or a Committee shall be paid to the members of the Board or of a Committee who draw travelling allowance or daily allowance.

(2) Notwithstanding anything contained in subrule (1) a member of the Board or a Committee who is resident at a place where the meeting of the Board or a Committee is held or where any other business of the Board or a Committee is transacted may be paid the actual expenditure incurred on conveyance by him and daily allowance may be paid to him subject to a maximum of rupees fifty for each day.

(File No.2/ll/87-EP Agri V Volume II) Ashok Kumar, Joint Secretary.

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Spices Board Act, 1986