Rule, 1979

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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t 1300 THE GAZETTE OF INDIA : MAY «nrt̂ - -

MINISTRY OF COMMERCE, CIVIL SUPPLIES AND

COOPERATION

(Department of Commerce) New Delhi, the 25th April, 1979 G.SJI. 674.—Whereas u draft of certain rules further to amend the Tea Rules, 1954 was published, as required by Sub-section (J) of section 49 of the Tea Act, 1953 (29 of 1953) at pages 2549-51 and in Part II, section 3, sub-section

(1) of the Gazette of India, dated the 11th November, 1978, with the notification of the Government of India iu the Ministry of Commerce, Civil Supplies & Cooperation (Deptt. of Commerce), G.S.R. No. 1330, dated the 11th November, 1978, inviting objections and suggestions from all persons likely to be affected thereby within a period of 45 days from the date the Official Gazette containing the said notification was made availabc to the public;

And whereas, the said Official Gazette wad made available to the public on the 15th November, J 978;

And whereas the objections and suggestions received from the public have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 49, of the Tea Act, 1953 (29 of 1953), the Central Government hereby makes the following rules further to amend the Tea Rules, 1954, namely :—

1. (1) These rules may be called the Tea (Amendment) Rules, 1979.

(2) They shall come into force on the date of their pub­ lication in the Official Gazette.

2. In the Tea Rules, 1954 :—

(1) In rule 2, after clause (ill), the following clause shall be inserted, namely :— •'(ili-tO 'Deputy Chairman' means The Deputy Chair­ man of the Board";

(2) for rule 18, the following rule shall be substituted, namely :—

(1) The Board shall not delegate nny administrative powers to any Committee other than the Executive Committee or the Export Promotion Committee.

(2) The Board shall not delegate any of the following powers to any of the Standing Committees :— fa) the power to sanction expenditure in excess of Rs. 2 lakhs In respect of any one item;

(b) the power to adopt budget estimates of the Board on its behalf;

(c) the power to sanction expenditure to be incurred outside India in excess of Rs. 50,000 in respect of any one item;

(d) the power to re-appropriete the estimated savings in excess of Rs. 5,000 in respect of any one item;

(e) the power to writeoff losses In excess cf Rs. 2,500 to respect of any one Item;

3. In rule 19, for the existing proviso, the following shall be substituted, namely :— "Provided that no appointment to any post of which the maximum salary exceeds Rs. 1,700 per month shall be made without the previous sanction of the Cen­ tral Government*';

4. For rule 20, the following rule shall be substituted, namely :— "20 Creation and Abolition of Posts.—The Board may, on its own authority and subiect to tho availability of funds in the approved budget of t ie Board, create posts carrying a maximum salary not exceeding Rs. 1,700 per month, and may, with the previous sanction of the Central Government create other posts".;

5. for rule 36, the following rule shall be substituted, namely :— "36. Powers to incur expenditure :—

(1) Subject to the provisions of the Act and these rules, the Board may incur any expenditure within the budget allotment under any head and write off losses upto Rs. 5,000 In respect of any one Item and in this regard, may delegate to the Standing Committees or to the Choirman, Deputy Chairman, Secretary or anv other officer of the Board specially authorised in this behalf bv the Chairman, such financial powers as it may consider expedient :

Provided that, save with the sanction of the Central Government, no expenditure shall be incurred which is In excess of the sanctioned budget allotment under any head.

(2) Re-appropriations between the heads of expenditure specified in sub-clauses (i), (ii), (viil) and (be) of clause (c) of sub-rule (3) of rule 34 and between sub-heads wthin a head may be made by the Board.

In respect of the re-appropriations between sub­ heads within the same heads, the Board may, sub­ ject to clause (d) of sub-rule (2) of rule 18, dele­ gate its power to the Standing Committee within whose area the related function falls.

(3) The Board shall not Incur expenditure outside India in excess of Rs. 1,00,000 in respect of any one item without the previous sanction of the Central Government, and may subject to clause (c) of sub- rule (2) of rule 18 delegate its power In this behalf to the Export Promotion Committee.

(4) The Board may transfer funds, upto a limit of Rs, 25,000 from one sanctioned development scheme to another in contingencies where any particular scheme cannot be Implemented in "full or where tbe need has ceased or arisen unexpectedly while 1m- plementlng them, if the overall budget provision has been approved and the transferee and the trans­ ferer schemes ore both in the approved budget";

(6) in Rule 38, to sub-rule (1), the following shall be added, namely :— "and every Buch sunction shall be subject to the condition that the power to execute such con­ tracts in pursuance of the sanctions shall be vest­ ed with the Board";

(7) In rule 40;

(a) in the second proviso, the words "in the Ministry of External Affairs" shall be omitted:

(b) after the second proviso, the fol'owing proviso shall be added, namely :— "Provided also that in cases where the Board bas to depute its officers to participate in exhibitions and fairs abroad, it shall be competent for the Board to depute the Officer, if—

(a) the exhibition or fair in which participation is. sought has already been approved by the Central Govern­ ment;

(b) the budget provision exists for incurring expenditure thereto; and

(c) the Board mates every ycur a consolidated list of exhibitions and fairs in which it would like to participate for tea promotion and also the number of persons to be deputed from the headquarters and gets the prior approval of the Central Govern­ ment for the programme".

[File No. L-12013 (3)/74-Plant (A)]

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 Tea Act, 1953