Power to make regulations
Section 39 of the Spices Board Act, 1986 deals with power to make regulations. The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the purposes of this Act. The Act came into force on 26 Feb 1987.
(1) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the terms and conditions of service of the Secretary and other officers and employees of the Board under sub-section (2) of section 4; and
(b) the terms and conditions under which the certificate may be granted under sub-section (2) of section 12.
Section 39, The Spices Board Act, 1986 (Act 10 of 1986).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Saras Spices Private Limited v. Spices Board & Anr.
Court's Decision & Legal Precedent
A registered spices exporter under s.11 of the Spices Board Act, 1986 is subject to Board quality evaluation before export, but neither the Act nor the Rules authorise a circular that bars re-testing of samples for any reason whatsoever. A subordinate circular that treats the Board laboratory’s adverse Sudan-Dye finding as conclusive, without any re-test pathway despite civil consequences (destruction of the consignment), is manifestly arbitrary under Article 14; the circular is struck down to that extent and the Board is directed to draw and re-test the consignment in its own or another accredited laboratory.
On this section: s.39 Power to make regulations — Act/Rules (including regulation-making power) do not authorise a conclusive no-retest circular; subordinate instrument must stay within statutory empowerment and non-arbitrariness
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
6 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- Amendment to Spice Board Rules, 1987Rule 2018
- The Spice Board, Recruitment Rules, 2018 for SecretaryRule 2018
- The Spices Board (Registration of Exporters) Amendment Regulations, 2017Regulation 2018
- The Spices Board (Registration of Exporters) Amendment Regulations, 2011Regulation 2012
- The Spices Board Service (Classification, Control and Appeal) Regulations, 1992Regulation 1992
- The Spices Board (Registration of Exporters) Regulations,1989Regulation 1989
Another 2 instruments name this provision in its title or its text without being made under it.
Questions about Section 39
What have the courts held on Section 39 of the Spices Board Act?
Saras Spices Private Limited v. Spices Board & Anr. (08 Jan 2025) is the leading judgment on this section among those set out below: s.39 Power to make regulations — Act/Rules (including regulation-making power) do not authorise a conclusive no-retest circular; subordinate instrument must stay within statutory empowerment and non-arbitrariness.
How do I find court cases under Section 39 of the Spices Board Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Spices Board Act 1986 39, section 39 Spices Board Act 1986, section 39 of the Spices Board Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Saras Spices Private Limited v. Spices Board & Anr. (08 Jan 2025).
What should I read with Section 39 of the Spices Board Act, and has it changed?
Its own text turns on section 4 (Secretary and other officers), section 12 (Grant of certificate), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there are 6: most recently Amendment to Spice Board Rules, 1987 (2018), then The Spice Board, Recruitment Rules, 2018 for Secretary (2018), and 4 more.
When did Section 39 of the Spices Board Act come into force?
Section 39 of the Spices Board Act, cited as Spices Board Act 1986 39, came into force on 26 Feb 1987, having been enacted on 20 Mar 1986. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Constitution and incorporation of the Board419 words
- 19. Power of the Central Government to supersede the Board366 words
- 38. Power to make rules356 words
- 6. Transfer of assets and liabilities of the Cardamom Board and the Spices Export Promotion Council to the Board337 words
- 7. Functions of the Board334 words
- 2. Definitions317 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 21 Oct 2026. This page is not a substitute for legal advice.