Power to make rules

Section 38 of the Spices Board Act, 1986 deals with power to make rules. The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. The Act came into force on 26 Feb 1987.

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:--

(a) the number of members of the Board under sub-section (3) of section 3;

(b) the term of office and other conditions of service of the members of the Board under sub-section (5) of section 3;

(c) the powers and duties of the Chairman under sub-section (6) of section 3;

(d) the powers and functions of the Vice-Chairman under sub-section (7) of section 3;

(e) the constitution of committees under section 5;

(f) the terms and conditions for giving licences to manufacturers of spices for export under clause (viii) of sub-section (1) of section 7;

(g) the form and manner in which and the time at which the registered owner may furnish returns to the Board under section 10;

(h) the form of the application and the fees under sub-section (1) of section 12;

(i) the period of limitation for appeal under sub-section (1) of section 14;

(j) the form of appeal and the fees payable under sub-section (3) of section 14;

(k) the procedure for disposal of appeal under sub-section (4) of section 14;

(l) the form in which, and the time at which, the Board shall prepare its budget under section 22 and its annual report under section 23;

(m) the manner in which the accounts of the Board shall be maintained and audited and the date before which the audited copy of the accounts may be furnished to the Central Government under section 24;

¹[(ma) the manner of holding inquiry and imposing penalty under sub-section (1) of section 30A;

(mb) the form and manner of preferring appeal under sub-section (2) of section 30A;] (n) the conditions and the restrictions with respect to the exercise of the power to enter under section 37;

(o) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.

Section 38, The Spices Board Act, 1986 (Act 10 of 1986).