 bill no ,9 of 1"5· the cardamom bill, 1965  arrangement of clauses chapter i prbijmtnary clauses1 short title, extent and commencement 2 declaration as to expediency of control by the union 3 definitions  chapter n the cardamom board4 establishmen  and constitution of the board 5 acts or proceedings of board or its committees not to be invalidated 6 salary and allowances of chairman 7 executive officers of the board and other staff 8 committees of the board 9 functions of the board 10 dissolution of the board  chapi'er ni rmgistration or owners of cardaj40m j:stati's11 registrat~ of owners of cardamom estates 12 power of state government to make rules 13 returns to be made by registered owners  chapter iv finance, accounts and auditclauses 14 imposition of a cess on cardamom exported 15 payment of proceeds of cess to the board __ l_6 __ grants and loans by the central government ---- ---- --~------17 constitution of the fund , 1'8 bonowing powers of the board 19 accounts ~~ aqdtt  chapter v contaqi by cbn'1'b4l gqvj:iufmdtt20 power to control price and c:listribution of cardamom 21 power to prohibit or c~ntrol imports and exports of cardamom 22 directions by government  chapter vi mlscbuaneous23 penalty for making f8ise returns 24 penalties for obstructing and officer or member of the board in the discharge of his duties arid for failure to produce boob and records 25 penalty £of contravention ~f order relating to coiltrol of ~c, etc, ! 26 other penalties : 27 offences by companies 28 jurisdiction of court 29 previous sanction of central government 30 protection of action taken in good faith 31 power to delegate 32 suspensi~of operation of act 33 power of central government to make rules  bju no,", o'i"1:_j the cardamom bill, 196$ a billto provide 1m the developmnt under th~ ~l iii w t1ilflhi of tm cardamom industry be it enacted by parliament in the sixteenth year ef the republic of india as follows:-:- , chapter i plleliminary 1 (1) this act may be called the cardamom act, 1965 5 (2) it extends to the whole of india; sbart title, 8%-provided that it shall hot apply to the state of jammu and tent and kashmir except to the extent to which the provisions of this act co~ relate to the control of export of cardamom from iltdia and import cemen lo thereof ~to i~a  (3} it shall come into forc~ on such date as tbe central government may, by notiftc:ation in the oftlcial gqette, a~pottit: provided that different dates may be appointed for di1ferent provisions of this act, z it is hereby declared that it is expedient in the public interest that the union should take under its control the cardamom industry declaratioduto upedlaqof eoatrolby tbeudloil 3 in this act, unless the context otherwise requires,-(4) "board" means the cardamom- board established under section 4; : (b) "cardamom" means the fruit of cardamom plant and includes green cardamom, bleached cardamom, bleachable white cardamom, sun-dried cardamom, cardamom seeds, j»wd~req iq cardamom and ou extracted from cardamo~; (c) "cardamom plant" means the cardamom plant elet~ tabla caimamomum maton and any other plant which the board may, by notification in the gazette of india, ~eclare to ~ i cardamom plant for the purposes of this ~ct; i~ cd) "chairman" m~ tile c~an gf the board, ee) "dealer" means a dealer in cardamom (f) "director" means \he: director of cardamom develop ment appointed under section 7; (g) "estate" me~ an area administered as one unit whidl 20 contains land planted with cardamom plants; i ""ell ~ (h) "export" and "import" mean rel!,pfi!ctively taking out of or bringing into india by land, sea or ait; (i) "owner", in relation to any land planted with cardamom plants, includes-: 25 (i) any agent of the owner; and (ii) a mortagagee, lessee or other person in actual possession of the land; (;) ~bed" means prescribed by rulee made under tips act; 30 (k) "registered estate" means an estate in respect of which an owner is registered under sub-section (1) of section 11 and includes any estate in respect of which an owner is required to be registered under the provisions of that sub-section; s (l) "registered owner" means an owner of a registered estate, who has been, or is required to be, registered under subsection (1) of section 11; (m) "year" means the period of twelve months beginning with the 1st day of septemp~~, ~nd ending with the 31st day of 10 august next following ~   chapter ii the cardamom board4 (1)' with effect from such date as the central government may lditabush· by notification in the otficial gazette, specify ill this behalf, there ment add j s shall be established for the pqrposes of this act a board to be called ~:r::::':h the cardamom board ~  (2) the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, ~o and to contract, and shallby the said name sue and be sued (3) the board shall consist of the following members, namely:-(a) a chairman to be appointed by the central government; (b) the director of cardamom development ex otjicioj' 21 (c) 'three members of parhament of whom two shall be elected by the house of the people and one by the council of states; (d) three members to represent respectively the ministriee of the central government dealing with-(i) commerce, (ii) agriculture, and (iii) finance; (e) such number of other members not exceeding fifteen as the central government may think expedient, to be appointed ---by that government by notification in the officliigazette from among persons who are in its opinion capable of representing-(i) the governments of the principal cardamom-grow- s ing states; (ii) the cardamom-growing interests; (iii) the cardamom trade interests; (iv) the interests of labour; (v) the consumers; and (vi) such other persons or class of persons who, in the opinion of thta central government, ought to be represented on the boar~ (4) the number of persons to be appointed as members from each of the categories specified in clause (e), of sub-section (3), the 15 term of office of the members of the board other than the mem  ber referred to in clause (b) of that sub-section, and the manner of lllling vacancies among, and the procedure to ·be followed in the discharge of their functions by, the members of the board shall be such as may be prescribed ;ao (5) any omcer of the central government, not being a member of the board, when deputed by that government in this behalf shall have the right to attend meetings of the board and take part in the proceedings thereof but shall not be entitled to vote acts or 5 no act or proceeding of the board or any committee appointed 2 s by it under section 9, shall 'he invalidated merely reason of-i (a) any vacancy in, or any' defect in the constitution of, the board or such committee, or proce~ ingsof board or its committeesnot to be invalidated (b) any defect in the appointment of a person acting as a member of the board or such committee, or 30 (c) any irregularity in the procedure of the board or such committee not affecting the merits of the case  the chairman sbali be entitled to 811m , add aii8waaees salary anti add sikh codditigas of service in respect of leave, pedsioa, provident allowance -- - had ad other_mattersu may, &om time to time, be hed by the of chair-central government man 5 7 (1) the central government shall appoint a director of carda- executive mom development to exercise such powers and perform such duties omc under the chairman as may be prescribed or as may be delegated to ~ uie· him i by the chairman oth-: and staft (2) the central goverrunent shall appoint a secretary to the 10 board to exercise such powers and perform such duties under the chairman a,s may be prescribed or as may be delegated to him by the chairman (3) tile director and the secretary shad be edtitlei to such sa~­ies and allowances and be pvemed by such conditions of service re-is gardine leave, pension, provident fund and other iil8tters as idily be fixed by the central government (4) si:lbject to such control and restrictions as may be prescribed, the board may appoint such other officers and employees as may be dece5sary for the emcient performance of its functiolul amd ~ay them 20 such salaries and allowances as it may determine from to tid;l~: peovided that all officers and other employees of the directorate of cardamom development and marketing (other than the dh;ector) who hold office as such immediately before the date referred to in su))section (1) of sectioa 4 shan be deemed to have been appointed 25 as o8icers or employees of the board with ejlect from tlaat ut add every such officer and employee shan hold his office by the same tenure, at the same remuneration and upon dae same terms ond conditions and with the same rights and privileges u to pension, leave, provident fund and other matters as he would have held the same 30 if dais act had not 'been passed, and shall coiltinue' to do so ualess and until his employment is terminated or until such tenure, remuneration and terms and conditions are altered by tfle board with the approval of the central government: provided further that if ,the alteration so made is not kceptable 3s ~ ady such oftlcer or employee, his employment may be temaidated by the board in accordance with the terms of the conflnct, if any, with such officer or employee or, if there be no such e-ct, od payment to him by the board of compensation equivalent to three mooths' remuneration in the case of permanebt employees and ode 40 month's remuneration in the case of other employees (5) the chairman, the director, the secretary and other employees of the board shall not undertake any work unconnected with _____ th=  eir _duji~_ul!cier this act except with the permission of the central government i, commit-8 (1) the board may appoint such committees as may be neces- s tees of the suy for the efficient discharge of its duties and performance of its board functions under this act (2) the board shall have the power to co-opt as members of any committee appointed under sub-section (1) such other number of persons who are not members of the board, as it may think 8t 10 functions of the board 9 (1) it shall be the duty of the board to promote, by such measures as it thinks fit, the development under the control of the central government of the cardamom industry (2) without prejudice to the generality of the provisions of subsection (1), the measures referred to therein may provide for- is (a) promoting co-operative efforts among growers of cardmnom; (b) ensuring remunerative retums to growers of cardamom;: (c) financial or other assistance for improved methods of 20 cultivation add processing of cardamom, for replanting cardamom and for extension of cardamom growing areas; (d) regulating the sale and export of cardamom and stabilisation of prices of cardamom; i, (e) training in cardamom testing and fixing grade standards 25 of card~m; 1 - (f) increasing the consumption in india and ~laewhere of cardamom and carrying on propaganda for that purpose; (g) registering and licensing of brokers (including auctioneers) of cardamom and persons engaged in the business of 30 cardamom; (h) improving the )ilarketing of cardamom in india i and elsewhere; (i) collecting statistics from growers, dealers end auell other persons 88 may be prescribed on any matter relating to_the cardamom industry; the publishing of statistics so' collected or por~ -- -tions thereof or extracts therefrom; s (;) securing better working conditions and the provisions and improvement of amenities and incentives for workers; and (k) such other matters as may be' prescribed (3) the board shall perform its functions under this section 1d accordance with and subject to such rules as may be made by the 10 central government 10 (1) the central government may, by notification in 'the om- diaiolucia! gazette, direct that the board shall be dissolved from such date tion of the and for such period as may be specified in the notification board (2) when the board is dissolved under the provisions of sub-sec-is tion (1),-(a) all members, notwithstanding that their term of ofbce has not expired, shall, from the date ofd1sso1utiod, vacate their offices as such members; (b) all powers and duties of the board stiau, d1ll'idc the 20 period of dissolution, be exercised and performed by loch per-soil or persods as the central govemmebt may appoint in this behau; (c) all funds and other property vested in the board ahall, during the period of dissolution, vest in the central govern-25 ment; and (d) as soon' as the period of dissolution expires, the board shall be reconstituted in accordance with the provisions of this ~t i  chapter iii registration of owners of cardamom estates30 11 (1) every owner of land planted with cardamom plants, wbe- relistrather such land is comprised in one estate or more than one estate, tiod of shall before the expiration of one month from the date on which he owdderl of , car amom first -became owner of such estate or estates or before the expiration estates 3s of three months from the date of ~oming into 'force of this section, whichever is later, apply to the registering oftlcer appointed 1d this behalf by' the state government to be registered as an owner in res- peet of each estate owned by him: __ kqriblls-2 --- ---- -  -provided tbat the state government may for suftlcient reason -- -extend the-time-limit for registration by such period 88 it think, fit (2) registration once made shall continue to be in force until it is cancelled by the registering officer 12 (1) the state government may, by notiflcation'in the oftlcia1 s gazette, make rules to carry into eftect the provisions of section 11 | power    ||----------|| state    || gov-     || ernment  || to       || make     || rules   | (2) without prejudice to the generality of'the 'foregoing power, such rules may prescribe the form of the application for registration and for cancellation of registration, the fee payable on such applications, the particulars to be included in such applications, the 10 procedure to be followed in granting and cancelling registration, the registers to be kept by registering offieers, and the supply by registering ofticers of information to the board returns tob made by reptered owners 13 (1) a registered owner shall furnish to the board at the prescribed times and in the prescribed manner such returns as'may be is prescribed i  (2) the board may authorise an officer to visit any estate at any time to verify the accuracy of i any return made under this section or to ascertain the productive capacity of the ~~ ~ chapter iv '   finance accounts and audit14 (1) thereshall be levied on all cardamom which is exported, a cess for the piuposes of this act at such rate not exceeding two 25 per cent ad valorem as the central government may, by notification in the ofticial gazette, fix imposition of a cess on cardamom exported (2) tile cess levded under sub-section (1) shall be in addition to 0201 any cess or duty leviable on cardamom under any other law for the time being in force 30 (3) the provisions of the customs act, 1962, and the rules and regulations made thereunder, including those relating to refunds and exemptions from duty, shall, as far as may be, apply in relation to __ the levy and collection of the cess leviable under sub-section (1) as they apply in relation to the levy and cdllection of a duty of custojda under that act or those rules and regulations s 15 the proceeds of the cess levied 1dider seetion 14 shad first he payment credited to the consolidated fund of india and the central govem- ='::-of ment may, if parliament by appropriation made by law in this behalf cess to the so provides, pay to the bo:ttd from time to time from oat of such board proceeds, after deductid( the expenses of collection, ii1lch sums of 10' money as it may think fit for "jng utilised for the purposes of this act grants 16 thp central government may after due appropriation made and ldadl by parliament by law in thi!ll behalf pay to the board by way of by the crants or loans such sums of money as the t!en'tral government duly central consider necessary :0:-is 1'1 (1) there shall be formed a fund to be called the cardamom coaadtutloa fund and there shall be credited theretoof the pudci (4) tlie proceeds of the"cess made over to the board by tlie central government; (b) all fees levied and collected in respect of lfcenses faued under this act; : 20 (c) any other fee that may be levied and collected by the board under this act or the rules made thereunder; (d) any grants nr loans that may be made by the central government for the purposes of the fund; (e) any grants or joans that may be made by any instftution for the purposes of this act; 2s (f) all sums realised by the board in carrying out the measures referred to in section 9 (!) the fund shall be applied-(a) for meeting the salaries, a1lowanees and other r~lilunf;l  f atlqn of th~ om~i'§ ~c! ~~ber emplo1~es of the board; (b) for meeting the other administrative expenses of the board; (c) for meeting the cost of the measures referred to in section 9; (d) for repayment of any loans from the central govern- 5 ment or from any institution borrowln, 18 subject to such rules aa-may be made in this behalf, the boud :w:r::: shall have power to borrow on the security of the cardamom fun" or e 0 any other asset for carrying out the purposes of this act, accoudtii· 19 (1) the board shall maintain proper accounts and other andauct relevant records and prepare an annual statement of accounts, in- ,~ eluding the profit and loss account anc! the balance-sheet in such form as "may be prescribed by the central goa!emment in eo:qsulta tion with the comptroller add auditor-g:!neral of in<ua (2) the accounts of the boarct shall be audited by the comptroller i, and auditor-general of india at such intervals as may be specified  by him and any expenditme incurred in· cennection with such audit shall be payable by the board to the comptroller and  auditor-general (3) the comptroller and auditor-general of india and any per- 20 son appointed by him in connection· with the audit of the accounts of the board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general b;ls in connection witbtpe audit of government accounts, and in particular, shall have the right to demand the production of 2, books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board:-(4) the accounts of the board as certified by the com~er and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shau ~q cause the same to be laid before each ho\lle ot r(l1'~ent  chapter v con'l'rol by cdtral ~20 (1) the central government may, by order notifted in the pewer to official gazette, fix in respect of cardamom of any description speci- co~trol fted thereinpnce and dtstribu-(a) the maximum price or the minimum price, or the tion of s maximum and minimum prices, which may be charged by a cardamom grower of cardamom oi!-:rcaniamom dealer, wholesale or utail, whether for the indian market or for export; (0) the maximum quantity which may in one transqctlon be sold to any person 10 (2) without prejudice to the generality of the powers conferred by sub-section (1), any order made thereunder may provide-(4)' for requiring pel'bons engaged in'the production, supply or distribution of, or trade and eommeree in, cardamom to maintain and produce for inspection such books, accouni8 and recorda i s relating to their business ~d 00 furnish such infonnation relat ing thereto as may be specified in the- order; (b) for such other matters, 'including , in' particular the' entering and search cd premises, vebicl'es, vessell and·  aircraft, the seizure by a person authorfsed to mde sucltaearch, 'of carda-20 mom in respect of which such person has ~ason to beu~v~ t~at a contravention of the order has been, ,is bei~g or is 'about to be committed ' n (1-) the central government may, bv order published in the powerto official gazette, make provision for nro'l,ibiting restricting or gther- ~~t or 25 wise colltrolling the ,import op1xport of cardamom either generally ':;o~ or in speeified masses of cases and exportabf cardamom (2) all goods to which any order under sub-section (1) applies shall be deemed to be goods of which the import or export has be~!n :52 of 1962 prohibited or restricted unde,r section 11 of the customs act, 1962, 30 and all the provisions of that act shall have effect accordingly (3) if any pe1'9od contravenes any order made under sub-aectiod (1), he shall, without prejudice to any confiscation 01' penalty to which he m:ly be liable under the provisions of the customs act, 1962, directicma by government as applied by bub-section (2), be punishable with imprisonment for a term which may extend to one year or with fine or with both   - -"_  -_ zz the board shall carry out such directions as may be issued to it from time to time by the central government for the emcient administration of this act  chapter vi ~uspenalty for making false returns z3 any perso~ being required by or under this act to furnish any return fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or 10 does not believe to be true shalt be punishable with fine which may extend to five hundred rupees 24 any person wh~ (a) obstructs any member authorised by the chairman in writing or any' omcer or other employee of the board authorised is bv it in this behalf or any person authorised in this behalf bv thp central government ,or by the board, in the exprcfre of any 'power confe~, or in the discharge of any duty im!,osed, on him by or under this act; or (b) havin~ control over or eustody of any aecount bm1r or 20 ather record fafls to produce lueh book or reecrd when required to do so by or under this act, penalties forobttructingan oflleer or member of the boiltct futhe discharge ofhls ctuuesand forfallure toproduee boob and records shall be punishable with impriscmment which may extend to six months, or with fine which may extend to one thousan~ rupees, or with both 25 penalty for zs (1) if any person contravenes any order made under section eontraven- 20, he shan be puni~hable with imprisonment for a term which may ti:: of -extend to six months~ with fine which may extend to one thousand ~:,: rupees, or with both: and the property in respect of which the order control of has 'been contravpned or such part thereof as the court may deem fit 30 price etc shall be forfeited to the central government (2) any person who attempts to contravene, or abets the contravention of, any order under section 20 shall be deemed to have contraven'eod that order 26 whoever contravenes or attempts to contravene or abets the 35 other penalties contravention of the provisions of this act or of any rules made therp~ tinder other than the provisions, punjshment for the contravention -----  whereof has been provided, for m sections 21, 23, 24 and 25, shad he punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both, 5 and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which which such contravention continues after conviction for the first such contravention %7 (l);;;where an offence under this airt has been committed by offence 10 a company, every person who at the time the offence was committed b:mcomwas in charge of, and was responsible to, the company for the con- p el duct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to bt: pruceeded against and punished accordingly: i s provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the oftence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (2) notwifhstanding anything contained in sub-section (1), where 20 an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other o1ficer shan also be deemed to be guilty of that offence and shall be liable to be proceeded against and 25 punished accordingly expzanation-for the purposes of this section-(a) "company" means any body corporate and includes a firm or other association of individuals; and ~ "'-;1 (b) "director", in relation to e firm, means a partner in the firm 30 28 no court inferior to that of a presidency magistrate or a jurilc:tic-maaijoltrate of the first class shall try any offence punishable under tion of &ay court this act zg no prosecution for any offence punishable under this act shall prevlou 3s be instituted except with the previous sanction of the central gov- lofancction 1 antra ernment government · protection of action taken in ,ood faith " " 30 no suit, prosecution or other legal proceeding shall lie agains' __  _ the government, or the board or any committee appointed by it, or any member of the board or such committee, or any oftlcer or employee of the government or the board or any other person authorised by the government or the board, for anything which is in good faith s done or intended to be done under this act or the rules made thereunder power to delegate  , 3~ the central government may, by order notified in the oftlcial gazette, direct that any power exercisable by it under this act may also be exercised, in such cases and subject ·tie such conditione, if any, 10 as may be specified in the order, by such oftlcer or authority as may be specified therein suspension 32 (1) if the central government is satisfied that circumstances ~f op;~ have arisen rendering it necessary that certain of the restrictions on t imposed by this act should cease to be imposed or if it considers it 15 necessary or ekpedient so to do in the public interest, the central government may, by notification in the official gazette, suspend or relax to a specified extent, either indefinitely or for such period 81 rna, be specified in the notificatiqn, the operation of all or anyof the provisions of this act  20 (2) where the operation of any provision of this act has under sub-section (1) been suspended or relaxed indefinitely, such suspension or relaxation may at any time while this act remafna in force be removed by the central government by notification in the official gazette 25 33 (1) the central government may, by notification in the official gazette, make rules to carry out the purposes of this act power of central governmentto make rules -t't'(2) without prejudice to the generality of the foregoing - power, such rules may provide for all or any of the following matters, namely:-30 (a) the remuneration and other allowances payable to the each of the categories specified in clause (e) of lub-section (3) of section 4, the term of office and other conditions' of service of the members flf the board and the procedure to be fonowed in the i discharge of their functions by, and the manner of fllllng 35 vacancies among such members; (b) the circumstances in which and the authority by whkll a member of the board 'may be removed;  (c), the ~rocedure to be followed at meetings of the board ~~ committees thereof for the conduct of busidess 'add; the number of members' which shall form a quorum at a meeting; (d) the maintenance by the board of recorda of buainea s h'dsact~ by the board and the submluion of copies thereof to the central government; (e) the holding of a minimum number ot meetings of the board every year; 10 <i> the powers of the board, its chairman the director t  and committees of the board, with respect to the tnourrihg of expenditure; (g) the conditions subject to which the board may incur expenditure outside india; i, (h) the preparation of budget estimates of receipts and ex-is penditure of the board and the authority by which the'estimates are to be sanctioned; (i) the form and the 'manner in which the accounts should be kept by the board; (i) the deposit of the funds of the board' in 'banb and th~ 20 investment of such funds; (k) the conditions subject to which the board may borrow; (1) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the board; (m) the delegation to the chainnan or director or members or oftlaers of the board of any of the powers and duties of the board under this act; (n) the staff which may "be employed by the board and the pay and allowances and leave and other conditions of service of officers (other than those appointed hy the central government) and other employees of the board; (0) the additional matters in respect of which the board may undertake measures in the discharge of its functions; (p) the travelling and other allowances of members of the board end of committee3 thereot; 35 (q) the remuneration and other allowances payable to the person or persons referred to in clauje (b) of sub-section (2) of section 10;  ~8(b) l s 3(r) the maintenance of the registers and other:records of the ----- -board and its various committees· , () the appointment by the board of agents to discharge on the behalf any of it's functions; (t) the form of, and the particulars to be contained in, any s returns or reports to be made to the board under this act; (u) the form of and the manner of making application for licences issued by the board, the fees pa)"lble for such application and the procedure ito be followed in granting, and the conditions governing, such licences; 10 (v) the collection of any information or statistics in respect of cardamom; i (10) any other matter (other than a matter specifted in section 12) which is to be or may be prescribed or provided for by rules under this act  is (3) every rule made by the central government uncier this section shall be laid, as soon as may be after it is made, before each house of parliament while\:it is in senion for a total period of thirty days which may be comprised in one session or in two iuccel8ive aessions, and if, before the expiry of the session in which it i8 80 laid 20 or the session immediately fonowing, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the 25 validity of anything previously done under that rule '  statement of objects and reasonsthe annual production of cardamom, a plantation crop grown mainly in the billy regions of kerala, mysore and madras, is at present of the order of 3,000 tonnes of which about 65 to 70 per cent is exported, earning around rs 3 crores of foreign exchange tor the country in the world trade in this commodity, india has a near monopoly it is thus a plantation commodity with a preponderant "export angle a substantial increase in foreign exchange earn  ings through cardamom exports can be brought about by undertaking suitable measures of assistance to planters for development of their plantation and by proper arrangements for the marketing and export of this commodity export prices of cardamom have been widely fluctuating over the years this 1ijlcertainty of prices has resulted in planters of cardamom, most of whom are small growers with inadequate ftnancia1 resources of their own, being unable to maintain and develop their plantations on sound lines leading associations of cardamom planters have been representing that to help the cardamom growers in realizing fair returns for their produce and the industry to cfe: velop on sound and progressive lines, a statutory board ihould be set up for undertaking measures of assistance for development add activities relating to proper marketing of the commodity in order to maintain steady export prices, secure better retur'iw for the producers and increase the foreign exchange earninp from cardamom exports, certain interim measures were taken these interim measures gave some relief to the cardamom growers and helped to arrest the downward trend of prices and increue uport prices of cardamom need, however, still exists for long-term measures for looking after the m~keting aspects of capdemom with - view particularly to increase its export potential and for assistance to the growers for development purposes the cardamom development and marketing advisory committee, which wu set up b1 february, 1963, also recommended the early constitution of a statutory board for cardamon for looking after the development add marketing aspects of the industry after careful con1derat1od, government of india has come to the conclulion that •• tatutory board to be known as the cardamom board should be set up the ii , board is proposed to be constituted, among others, with the representatives of the -growers of cardamom, exporters of cardamom and -- governments of the cardamom producing states it is proposed to vest the board with adequate powers to undertake suitable measures for development of the cardamom industry, such as the promotion of eo-operatives of the small growars, grant of loans to planters for ,improved methods of cultivation, processing,replanting and exteaaions, undertaking marketing activities with a view to incraase the aport ,potential of the commodity, operating price support measures, :8upplying machiner:y and equipment on hire-purchase basis -to planters, assisting planters in the procurement of fertilizers, pesticides and other allied objectives the object of the bill is io takepowers for setting up a statutory board foicardamom mainly with a view to enable it to undertake the activities mentioned ·above manu:bhal shah new delhi; 'the '7th j\lay, 1965 the cardamom bill, 1965, provides for the control by the union of the cardamom jndustry and, for that ,urpoae, ,proplhll to establish - cardamom'soard and to levy a cess at a rate dot exceeding two per cent lid t)alo1'em on all cardamom exported  2 under clause 4(3) read with clause 6 of the bill, the board will have a chairman who will have to be paid auch salary and allowances 81 -may' be determined by the ,ceotral government under clauses 7 (1) and 7 (2), a director of cardamom development -and a secretary to the board have to be appomteq for exercising such powers and performing such duties under the chairman as ,may be prescribed under clause 7 (3), the director and secretary will have to be ,aid such salary and allowances as may be determined by the central government under clause 7 (4), the board ;may appoint such officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time provision has also been made for the making of rules in regard to the payment of travelling and other allowances to the members of the board and of its committees ahd the payment of remuneration to any perion or persons appointed to perform the functions of the board during th period of its dissolution 3 it is not possible at the present stage to indicate px:ecise1y what expenditure will be incurred on the proposed cardamom board it is, however, estimated that initially the expenditure will not exceed rs 3 lakhs per annum 4 clause 16 of the bill provides for grants of loans to be paid to the board by the central government the amount of such payments will depend on the level of the actual proceeds of the cess on cardamom and alle amounts required by the board to meet ita expenses, taking into account the scope of its activities it js therefore, not possible to determine the exact amount of expenditure that is likely to be incurred in this behalf the amount of the grant to be givpd by government is, however, expected to be within the realisations from the cess no such expenditure will, in any cue, be incurred without due appropriation made by parliament by jaw ld this behalf  memorandum begarding deligated legislation--·clause 12 of the bill empowen the state government to make rules to give effect to the provisiods of clause 11 regarding registration of owners of cardamom estates and in particular for prescribin, the form of application for registration and the fee payable on luch application, for cancellation of registration, etc clause 33 of the bill gives power to the central government to make nles to carry out the purposes of, the bill the matten in respect of which rules may be made relate, among others, to the term of omce and other conditions of service of the members of the board, the procedure to be followed at meetings of the board and committees thereof, the travelling and other allowances payable to members of the board and its committees, the fonn and the manner in which the accounts of the board are to be maintained, the deposit and investment of the funds of the board add other matters of a procedural or administrative nature the matters in respect of which provision may be made in the rules framed by the state government and the central government are gener~ly matters of procedure or detail the delegation of legislative power is, therefore, of a normal character a bill to provide for the development under the control of the union of the cardamom industry (shri manubhai shah, minister 0/ commeru) 