 the spices board bill, 1_ arrangement of clauses chap1'er i preliminaryci  usrs  1 short title, extent and commencement 2 definitions  chapter ii the spices board"",  , 3 constitution and incorporation of the board 4 secretary and other officers 5 advisory committees 6 transfer of assets and liabilities of the cardamom board anti the spices export promotion council to t'he board 7 functions of the board "  chapter iii registration of owners of cardamom estatis8 registration of owners of cardamom estates 9 power of state government to make rules 10 returns to be made by registered owners  chapter iv certificate for export of spices11· no person to export spices without certificate 12 grant of certificate 13 cancellation, suspension etc, of certificate 14 appe'al 15 power to permit export without certificate  chapter v control by the central government16 power to control price and distribution of cardamom 17 power to prohibit or control import of cardamom 18 power of the central government to issue directions 19 power of the c~l'ltral government to supersede the board  chapter vi finance, accounts and audit clausbs20 grants and loans by the 'central govermnent 21 board fund 22 budget 23 annual report ~4 accounts and audit 25 annual report and auditor's report to be laid before parliament  chapl'er vii j4isci'llaneous26 penalty for making false returns 27 pena1ties for obstructing an ofbcer or member of the board in the discharge of his duties and for failure to produce books and records 28 peonalty for contravention of order relating to control of price, etc 29 penalties for contravention of section 11 ,or any order made under section 17 30 other penalties 31 offences by companies 32 provisions of act 52 of 1962 to apply to export of spices and import or cardamom 33 previous sanction of central "government 34 delegation 35 members, officers and employees of the board to be public servants 36 protection of action taken in good faith  37 power to enter 38 power to make rules 39 power to make regulations 40 rules and regulations to be laid before parliament 41 power to remove diftlculties   42 repeal and savings the schedule -, )(  1  the spices board bill, 1985 a billto ptovide 10'1' the constitut1idn of a board for the development of ezport of spices atj4 fot' the co;uro', qj carmmom iaciuswy imcludmg the control of cultivation of cardamom and m4~s connected therewith b& it enacted by parliament in the thirty-sixth year of· the republlc of india as followa:- chapter i ~uy5 1 (j) this act ma~ be called, the spices board ad;, 1m (2) it extends to the whole of india short tftle,extent and (3) it shall come into force on such date as the central government commen_ may, by notif1catien in the ofbeial a_tie, appoint cemen,t  deftn1 tions (4) "board" means the spices board constituted under sub-section 10 it in this act unl- the aontqt otherwise requirel,-(~~, of seet~ a;  (b) "c~rpolll"iqeanli the fruit of c~4wn,~~ plaat 8l)di~~ green cnrdamom, bleached cardamom, bleachable white card~oip" iun-dried cardamom, cardamom seeds, powdered cardamom and oil 15 extracted from cardamom; (et) '~cfm'~l1,1,~ pjmt~' m~~, ~abii\ carda)domum maton amonium salutation roxb and any other plant which the board may, by notification in the official gazette, declare to be a cardamom plant for the purposes of this act; (d) "certificate" me~s a certificate granted under section 12; (e) "defiler" means a dealer in spices; (f) "estate" means the area administered as one unit which con-5 tains jand planted with cardamom plants; (g) "export" and "import" means+ respectively, taking out of or bringing into india by land, sea and air;, (h) "manufactu,rer" means a manufacturer of spices; (i) "member" means a member of the board appointed under 10 sud-section (3) of section 3; (j) "owner", in relation to any land planted with cardamom plants, includes-(i) any agent of the owner; and (ii) a mortgagee, lessee or other person in actual possession 15 of the land; (k) "prescribed" means prescribed by rules made under this act; (l) "registeted estate" means an estate in respect of which an owner is registered under sub-section (1) of section 8 and includes any estate in respect of which an owner is required to be registered io under the provisions of that sub-section; (m) "refi,stered owner" means an owner of a registered estate which has been or is registered or is required to be registered under sub-section (1) of section 8; and (n) "spices" means the spices specified in the schedule: is provided that the central government may, if satisfied that it is necessary or expedient in the public interest so to do, by notification in the official gazette, add any other spice to the schedule or omit any spice therefrom  chapterm the spices board 3 (1) tile central govemmeat shall, by notiftcation in the odicial g-tte, codbtitute, for the purposes of this act, a board, to be called the spiees board,constitution and incorporation pi the board (2) the board shall be a body corporate by the name aforesaid having 35 perpetual succession and, a common seal with power, subject to the provisions of this act, to contract and shjll, by the said name, sue and be sued (3) the board shall consist of such number of members, not exeeedinc thirty-two, u may be preaeribeci, and: unlen the rules made iii this behalf 40 ofbenrise provkle, the board 811 consist of the fouowid, members namel,:-(4) a chairman; (b) tbree members of parliament, of whom two shad be eleeted 'y the bowie of the people and one by the· coudeo of statel; 45 (c) three members to i'epreaent respectively the miiusten of the central goverdjdellt dealinl' with-(i) commerce; (ii) agriculture; and (iii) finance; 5 (d) six members to represent the growers of spices; (e) eleven members to represent the exporters of spi~; (1) three members to represent major spice produein, states; (g) five members, one each to repreaent-10 (i) directorate of cocoa, areculut and spices development, calicut; (ii) the india institute of packaging, bombay; (iii) the central food technological and research ilibtitute, mysore; (iv) the regional research laboratory, trivandrum; and 15 (v) the central plantation corps researeh ~itute, kasargode (4) the office of member of the board shall not disqualify its holder for being chosen' as, or for being, a member of either house at parlia-~o ment (5) the term of ojllce of the members' and! other conditions of service of the members shad be such as may be prescribed (6) the chairman shall, in addition to presiding over the meetfnp of the board, exercise and discharge such powers and duties of the board !l5 as may be delegated to biro by the board and such other powers and duties as may be prescribed (7) the board shall elect from among its members a vice-chairman who shall exercise such of the powers, and perform such of the functions of the chainnan as may be prescribed or as may be delegated to him 30 by the chairman (8) no act or proceeding of the board shall be invalidated merely by reason of-(a) any vacancy in, or any defect in the constitution of, the board; (b) any defect in the appointment of a pe~on acting as a member 35 of the board; (c) any irregularity in the procedure of the board not affecting the merits of the case f (1) the board may appoint the secretary and such other oftkers and employees as it considers necessary "'1' the eftleient diseharp of its secretuf and other ofticerl  (0' fadetionl under this aet (2) the terms ad eonditions of service of the secretary and other oiicen ad employeel of the board shall be lueh as may be determined ity njui  s· (j) subjeet to 8l'1)' rules made in this behalf, the &ard ··mai • ~ time to time, constitute such committees as may be necessary for the efticient discharge of its functions advisory committees (2) every committee constituted under sub-section (l) shall consist of such number of persons as the board may deem fit 5  6 (1) on and from the commencement of this act,-(a) all properties and other assets vested in the cardamom boal'd add tbe spices :mtport· promotion council' immediately before such commencement shall vest i14 the board; (b) all debts, obligations and liabilities i~(re<i, all contracts 10 entered into and all matters and things enga:ged to be clone  by, with, transfer of assets and liabilities of the cardamom board and the spices export promotion council to ~he board 01' for the cardamom board or the spices export promotion coundl immediately before such commencement for or in connection with the purposes of the gaj;damom beard a 1ha ,spi~ea expon promotion council shall be deemed to have been incurred, entered· into and 15 engaged to be done by, with, or for the board; (c) 011 sums of money due to the cardamom board or the spices export promotion council immediately before such commencement shall be deemed to be due to the board~ (d) au· suits and other legal proceeding~ instituted or which 20 could hnve ·been instituted by or against the cardamom board or the spices export promotion council immediately) before such commencement may be continued or instituted by or ag~nst the board; and (e) every employee holding any ofbce under the cardamom board 25 or  the spices exfk'rt promotion coullcil immediately before such commenoement shall on such commencement hold his ofbce or serviee udder the board with the same rights and prlvueges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting; 30 land shall continue to do so unlels and until his employment under the board is duly terminated or wltil his remuneration and other conditions of service are duly altered by the :aoard~ (2) notwithstanding anyth,ing contained in the industrial disputes act, 1947 or in a!ly other law for the time being in force, the absol'j)tiod 35 of any employee by the board in its regplar service under this section shall not entitle such employee to any compensation under that ~ or other law and no such claim shall be entertained by any court, tribunal or any other authority 7 (1) the board may-(i) develop, promote and re,uiate rpori of· piees; functiona of the boar4 (ii) grant certifleate for export of spices and reliat bro¥n  '   , (  ), undertldte pl'olj'ammel and p~ojeets fw rl'rpi,jiqa of ~ of ipicell; , 45 <w> auist and e  cour,e itwues end ~ch fa, ij!qtfttv  _t, of pro-;eilllnl, quality, techniques of gradid, and paclja&iq ~ • aw~ (!') strive 'towards tabiliaatiod of prices of spices of esports; (vi) ~volve suitahle, quality standards and itttroduce certifitation of q~aldy through "quality markillg" for spices for export; (vn) control quality of spiees for export; 5 (viii) gi~e i:eeeees, ·  bjeet to such terma and conditions a!llmry be prescribed, to the manuiaeturers of spices for export;  (ir) marlcet ··anyspiee, 'if, it 'eon8iders necessary in the interest of promotion of· export; , (x) provtdewarehousing facllit:es abroad for spices; if) (xi) collect statistics with regard to spices for compilation and publication; (xii) import, with the previous approval of the central government, any spice for sale; and (xiii) advise the central government on matters relating to import· and export of spices (2) the board may also-(i) promote co-operative efforts among growers of cardamom; (ii) ensure remunerative returns to growers of cardamom: 20 (iii) provide financial' or other assistance for improved method" of culttwt;on add 'proeessing of cardan, for replanthlg· cardamom aad for extension of "nrdamom growing 'areas; (iv) regulate the 'uleof cardaloom -add stabi1isation of prices of cardamom; (v) pl'8videtrliiningin eardamglll testmg arid fixidg grade 'stan 'dards ~f tant81ftold; 25 (vi) increase the consump~on of cardamom and carry on propaganda for that purpose; (vii) register and licence borkers (indudlnu auctione'l'fl) of cardamom and persons engaged in tbe lbu9ines!l or ca1'dlljllom: (viii) ·improve the marketing of cardamom: 30 (ix) collect statistics from 2'rowen, dealers and such othpr :persons as may be prescribed on any matter relatin~ to the cardamom industry: publish statistics so col~d dr· fioi"thm~ thereof' ftr 't!ijrtradstherefrom; (x) secure better workin2' conditions and the provision and 35 improvement of amenities and incentives for workers: and (xi) undertake, assist or encourage scientific, techno1~c1 and economic research  chapl'er iii rl!:gistration of owners of caju)amom esta'l'es40 r (n everv owner of land plantedwi~ rardamom plants whether registra-\l:uch land is comprised in one estllte o~ more than ,one e,qtat~ l'ihall bf'-tion of h owners of fore the expiration of one month from the date on which p first became cardamom owner of !lueh estate or pl'itates anplv to the rectisterlnd offi(,p,1" i1nnointestates -ed in this behalf bv the state government to be 're'r{istered lie; 'an owner "tn respect of each estate owned by him: provided th::lt thp state' gov~mment may, 'for sumcient reams extend the time-limit for registration by such period fl\ll it thinks fit (2) registration once made shall continue to be in force until it is c~ncelled by the registering officer 9 (1) the state government may,by notification in the official gazette, make rules to carry into effect the provisions of section 8 5 | power    | of    ||----------|-------|| state    |       || govern-  |       || ment     | to    || make     |       || rules   |       |(2) without prejudice to the generality of the foregoing rower, such rules may prescribe the form of the application for registration and for cancellation of registration, the fee payable on such application's, the particulaj's to be included in such application, the procedure to be followed in granting, and cancelling registration, the registers to be kept by registering officers and the supply by registering officers of informa-10 tion to the board ' 10 (1) a registerefl owner shall furnish returns to the board in ," 'such form, at such times and in such manner as may be prescribed returns to be maae by registered owners (2) the board may authorise an officer to visit any estate at any time to verify the accuracy of any return made under this section ,or to 15 ascertain the productive capacity of the estate  chaprer iv certificate for export of spices11 save as otherwise provided in this act, no person shall, ~fter the commencement of this act, commence or carryon the busiliess of 20 export of any spice except under and in accordance with a certificate: no person to expo~ spices without certitlcate provided that a person carrying on the business of export of spices ,immediately before the commencement of this act, may ,continue to do so for a period of three months from such commencement; and if he has made an applieation for such certificate within the said period of three g5 months till the disposal of such application exp14nation-the reference in this sectil)n to the commencement of this act shall be construed in relation to any spice added to the schedule by notification under, the proviso to clause (n) of section 2 as reference to the date with effect from which such spice is added to the 30 schedule grant of certificate 12 (1) an application for grant of certificate shall be made to the board; in such form and shall contain such particulars as may be prescribed and shall be accompanied by a receipt evidencing the payment of the prescribed fee (2) on receipt of such application, the board, shall,-(0) if the application is not in the prescribed form or 'does not contain any of the prescribed particulars, return the application to the applicant; or (b) if the application isin the prescribed ,form and contains the 40 prescrihed particulars erant the certificate subje'ct to such terms and conditions as may be determined by regulations 13 (1) the board may cancel any certificate on anyone or more of the following grounds, namely:-cancellation, 8uspen-ilion etc, of certi fteate (0) that the holder of the certiftcate has violated any of the 45 terms and conditions of the certificate; and (b) that in the opinion of the central government it is nece  abry in the interests of general public to cancel the certificate, (2) where the board, for reasons to be recorded in writin,a, is satisfied that pending consideration of the question of  cancelling the certificate on any grounds mentioned in sub-section (1), it is necessary so to 5 do, the board may, by order in writing, suspend the operation of the, certificate for such period not exceeding f('rty-five days as may be specified in the order and require the holder of the certificate to show cause, within fifteen days from the date of receipt of such order, as to why the suspension of the certificate should not be extended till the determination of the question as to whether the registration should be cancelled 10 (3) no order of cancellation of registration under this section shall be made unless th~ person concerned has been given" a' reasonable opportunity of being heard in respect of the grounds for such cancellation appeal 14 (1) any person aggrieved by an order made u·nder section 13 i_may prefer an appeal to the central government within such period as !) may be prescribed (2) no appeal shall be admitted if it is preferred after the expiry of the period prescribed there~or: ' providen that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the central govern-80 ment that he had sufftcient· cause for not preferring the appeal within the prescribed perroct (1> every appeal made under this section shall be made in such form and shall be accompanied by a copy of order appealed against and by such fees as may be prescribed 85 (4) the procedure for disposing of an appeal shall be such as ·may be prescribed: provided that before disposirijl of an ~p~~l the appellant shall be given a reasonable opportunity of being heard  (5)- 'nte central government may conftrm, modify or reverse the 30 or~er appealed against | power    ||----------|| permit·  || export   || without  || certi-   || ficate  |15 the central government may, if ·satisfted that it is necessary or expenient so to do in public intprert bv nntificatinn in the oftichll gazettr ann subject to such conditions if any as may be rpeeifted therein "ermit anv body or other ntj~ncv to commence or carry on the busi-35' ,'  , nes~ of extlort of st'llcf's without a certificate  chapter v control ~y nn: central governm1l!ntlro) the centrrl govemment may, bv o,rder notified in the official gazette fhe: in respect of c::lrdamom of any rtescriptionspecifted 40 therein-powcrto control price and distribution of cardamom (a) the maximum nrice or the minimum fl"ire or the maximum an~ minimum prices whfrh mav be- charged bv /i jlrnwer of rarnamoitl or c9'!':iamnm delller wholesale or ret~n whether ,or" the in"'an market or for export; and 45 (11) thp mll;ximllm ~u",ntit" whic'h may in one transaction be s"ld to any person (2) without prejudice to tne generality of the powers conferred by sub-section (1), any order made thereunder may provide-(a) for requiring persons engaged in the production, sup~ly ?r distribution of, or trade and commerce in, cardamom to mamtam and produce for inspection such books, accounts and records relat- 5 ing to their business and to furnish such information relating thereto as may be specified in the order j and (b) for such'other m~tters, including in particular the entering and search of premises, vehicles, vessels and aircraft, and the seizure by a person authorised to make such search, of cardamom in respect 10 of which such person has reason to believe that a contravention of the order ha's been, is being or is about to be, committed 17 the central government may, by order published in the official gazette, make provision for prohibiting, restricting or otherwise controlling the import of cardamom, either generally or in specified classes 15 of cases 18 (1) without prejudice to the foregoing provisions of this act, the board shall, in the discharge of its functions and duties under this act, be bound by such directions on' questions of policy as the central government may give in writing to it from time to time: 20 power to "p!'ohlhibit or control import of cardamom power of the central government to issue diretionb provided that the board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section (2) the decision of ilie central government whether a question is one of policy or not shall be final 25 19 (1) if at any time the central government is of opinion-(a) that on account of grave emergency, the board is unable to discharge the functions and duties imposed on it by or under the provisions of this act; or ' power of the central government to lupersede the board (b) that the board has persistently made default in complying 30 with any direction i!lsued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the board or the administration of the board has deteriorated; or 35 (c) that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, ,supersede the board for ~uch period, not exceeding six months, as may be specified in the notification 40 (2) upon the publication of tl notification under sub  section (1) superseding the bo~,-:-(0) all the members shall, as from the date qf supersession vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the board, shall until the board is reconstituted under sub-section (3), be exercised and discharged by such person or per-5 sons as the central government may direct; and (c) all property owned or controlled by the board shall, until the board i's reconstituted under sub-section (3), vest in the central government (3) on the expiration of the period of supersession specified in the 10 notification issu~d under sub-section (1), the central government may, reconstitute the board by a fresh appointment and in such case any person or persons who vacated their offices under clause (a) of sub-section (2), shall not be deemed disqualified for appointment: provided that the central government may, at any time, before the 15 expiration of the period of supersession, take action under this sub-section (4) the central government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house 20 of parliament at the earliest  chapter vi fin  nce, accounts and auditzoo the central government may, at1ter due appropriation made by parliament by law, in this behalf, make to the board grants and 10al114 of 25 such sums of money as that government may consider n~essary grant and loans by the central government board fund 21 (1) there shall be constituted a fund to be called the spices board fund and there shall be credited thereto-(a) any grants and loans made to the board by the central government under section 20;  (b) all fees levied and collected in respect of certificates granted under this act; and' (c) all sums received by the board from such other sources as may be decided upon by the central government (2) the fund shall be applied for meeting-35 (a) salary, allowances and other remuneration of the members,  officers and other employees of the board; (b) expenses of the board in the discharge of its functions under section 7; and (c) expenses on objects and for purposes authorised by this act 40 ~ the board shall prepare in such form and at such time each budpt financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts anq expe'nditure of the board and forward the i:jame to the central government annual report 23 the board shall pl'epare, in such form and at such time each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central government accounts and audit 24 the accounts of the board shall be maintained and audited in 5 such manner as may, in consultation with the comptroller and auditor-general of india, be pre~cribed and the board shall furnish to the central government before such date as may be prescribed, its audited copy of accounts together with the auditors' report thereon 25 the central government shall cause the annual report and 10 auditor's report to be laid, as soon as may be after they are received, before each house of parliament annual report and auditors report to be laid before parhameat  chapter vii miscellaneouspenalty for making false returns 26 any person who being required by or under this act to furnish 15 any return fnils to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fbie which may ~xtend to five hundred rupees 20 27 any person who-(a) obstructs any member authorised by the cha~rman in writingor any officer or other employee of the bo~rd authorised by it in this behalf or any person atit~orised in this behalf by the central government or by the board, in the exercise of any power conferred, or in the discharge of arty duty imposed, on him by or under 25 this act: or (b) having control over or custddy of any account book or other record, faus to produce such book or record when required to do so by or under this act, shall be punishable with imprisonment which may extend to six months, go or with fine which may extertrl to one thousand rupees, or with both | penal-   |      ||----------|-------|| ties for |       || obstnic- |       || ting an  |       || officer  |       || or       |       || mem-     |       || ber      |       || of       |       || the      | board || in       | the   || dis-     |       || charge   |       || of       |       || his      | du-   || tiej     | and   || for      | fail- || ure      | to    || produce  |       || books    |       || and      |       || records |       |28 (1) if any person contravenes any order made under section 16, he· shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; and the property in respect of which the order has been con- 35 travened or such  part thereof as the court may deem fit, shall be torfeited to the central government penalty for centravention of order relating to ~ control of price, me (2) any person who attempts to contravene, or abets the contravention of, any 6rder under  etlan 16 shall 'be deemed to have contrav'efiec'f that order '2 of 1962 20 if ahy person contravenes the provisions of iection 11 or any order made under 'section 1 ~ he shall, without· prejudlee to any confiscation or penalty to which he may be liable under the provisions of the customs act, 1962, be punishable with imprisonment for a term which may extend 5 to one year or with ftne wl10ich may extend to one thousand rupees, or with both , "  _ "_,',,ii:,i:i pcdal ties for cqatraveation of section 11 or any order made under section 17 other penalties 30 whoever contravenes or attem'pts to contravene or abets the contravention of the provisions of this act or of any rules or regulation,s' made thereunder other than the provisions, punishment for the contra-10 vention whereof has been provided for in sections 26, 27, 28 'and 29, shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention 15 continues after conviction for' the first such contravention ofrent!ej by companll 31 (1) where an offence under this act has been committed by a company, every person who at the time the offence was commuted was in charge of, and was responsible to, the compal1y for the conduct of the business of the company, as well as the company, shall be deemed 20 to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he prows that the offence was committed without his knowledge or that he 25 had exercised all due ailigence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where nn offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or 30 connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and ;punished aceerdingly 35 e:rplanation-for the purposes of this section,-(a) "company" means any body corporate and includes a finn or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm 32 (a) all spices ·to which section 11 of this act applies, and 40 (b) the 'earoamom to which any ortier under section 17 ot this act applies, shall be deemed to be goods of which the import or export has provisions ot act 52 of 1982 to apply to export of spices and lm-b~eh prohlbited or restricted under section 11 of the customs act, 1962, and-all the provisions of that act shall have effect accordblgly po~ of cudamom 33 no prosecution lor any offence punishable under this act shali be instituted except with the previous sanction of the central government \ previous sanction of theceatral government dele_ gation 34 the board may, by genera] or special order in wdting, ~elegate to the chairman or any other member or to any officer of the  board, subject to such conditions and limitations, if any, as may be specified in 5  the order, such of its powers and ~unctions under this act (except the power under section 39) as it may deem necessary 35 all members, officers and other employees of the board shall be deemed, when acting or purporting to act in pursuance of any of the p,rovisions of this act to be public servants within the meaning of 10 section 21 of the indian penal code fa of 1860 member5, officers and employees of the board lobe public servants protectionof action taken in rood faith 36 no prosecution or other legal proceeding shall lie against the government, or the board or any committee appointed by it, or any member of the bocirq or such committee, or any officer or employee of the g~vernme~t or the board or any other person authorised by the i') government or the board, for anything which is in good faith done or intended to be done under this act or the rules  or regulations made thereunder power to enter  37 subject to any rule made in this behalf, any person generally or specially authorised by the board in this behalf, may whenever it is 20 necessary so to do, for any of the purposes of· this act, at all reasonable times, enter upon any land or premises and make any inspection or inquiry or do such other act or thing as may 1;>e prescribed: pro~ded that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling house (unless with the 25 consent of the occupier thereof) withqut previously giving such occupier at least twenty-four hours' notice in writing of his intention to do so 38 (1) the central government may by notification in the official gazette, make rules to carry out the purposes of this act power  to make rulei (2) without prejudice to the generality of the foregoing power suell 30 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; 35 (c) the powers and duties of the chairman und~r sub-section (6) of section 3; , (4) the powers iulci functions of the vice-chairman under subs«ltion (7) of ~tion 3; (e) the constitution of com!"ittc::$ under section 5; 40 (i) fhe tenns and oonditionsfor grant of licences to manufacturers of ~pices for export under clause (viii) of sub,section (l) of aection 7; (g) the form and manner in which and the time at which the registered owner ~ay furnish returns to the board under section 10; (h) the form of the application and the fees under sub-section (1 ) of section 12;  '5 (i) the period of limitation for appeal under sub-sectlon (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) 10 of section 14; (l) the manner in which the account's 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; 15 (m) the conditions and the restrictions with respect to the exercise of the power to enter under section 37; (n) any other matter which is to be, or may be, prescribed, or ill respect of which provision is to be, or may be, matte by rules power to make ,regulations 39 (1) the board may with the previous approval of the central 20 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 25 following, namely:-(a) the terms and conditions of service of the secreta~y and other officers and employees of the board un,der sub-section (2) of section 4; and (b) the terms and  conditions under which the certificate may be 30 granted under sub-section (2) of section 12 rules and regulatiom to tc' laid before parlia ment, power ~o r:!move difflculties 40 every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, 35 before the expiry of the session immediately, followipg the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case 40 may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation   41 (1) if any difficulty arises in giving effect to the provisions of this act, th~ central government may, by order: published in the offtcial 45 gazette, make such provisions not inconsistent with the provimons of this act as may appear to be necessary for' removing the difficulty: provided that no order ahall be ~de uncutr this action after the expiry gf two years from the corrunencement of this j\ct <g) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament  42 (1) sections 3 to 33 of the cardamom act, 1965 are hereby repealed 5 ,42 ot 1968  repeal and savings (2) notwithstanding such repeal, anything' done or any action taken under the provisions of the, said act shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions of this act as if the said provisions were in force when, such thing was done or suqh action iq was taken and shall continue in force accordingly until superseded by anything done or any action taken under this act  the schedule[see section 2(n)] 15 1: cardajn()m 2 pepper 3 chhly 4 ginger 5 turmeric 6 coriander 20 7 cumin 8 fermel 9: fenugreek 10 celery 11 aniseed '12 bishopsweeu 13 caraway 14 dill 15  cinnamon 16 cac:sia 17 garlic - 18 curry le~ 19 kokam 20 mint 35 21 mllstard 22- f'arsley ~ pomegranate seed  24 sa1fron 25 vanilla ,26 tejpat fo in any form inc~l1ding curry powders, spice 011, oleoresin! and ot4er mixtures when spice conteatis pre-domin~nt  statement of objects and reasonsindia has been a tradiijonal exporter of spices though exports of spices from india have shown marginal increases over the last few years, the proportionate share of india in the total world trade has declined to about one-third 2 at present, the spices export promotion council looks after the exports of spices while the development of production and exports of cardamom is being taken care of by the cardamom board due to lack of a cohesive organisation as well as financial constraints, india has not been able to undertake systematic development of products and export of spices as a result, there has been limited product development and our spices are being exported largely in bulk and unprocessed form concentrated effort to promote exports in value added form and consumer packag~ are required to be made markets for spices as also the prices have been ftuctuating from year to year causing ftuctu~qons in the production pattern the uneven production pattern has, in tum, its effect on exports '['here is need for bringing out stabilisation in the export business of spices similarly, there is need to bring about constant improvement in quality of ollr products, and in productivity to improve competitiveness of indian spices 3 while a number of institutions and research organisations are operating in the spices sector, co-ordination of the activities of these agencies is considered necessary 4 in" view of, these problems affecting the spices trade and industry, it has been considered that the future export policy should concentrate on increasing production and productivity qf spices, develop~ent of spice exports in value added form and initiating production of new spices and spice products for the international markeit for this purpose, it is pro-posed to set upa spices board replacing the cardamom board and the spices ,export promotion council while absorbing the present assets and ,taft of these" two organisations, the proposed spices board will be  responsible for the entire range of functions of production, marketing, exports and export promotion with regard to cardamom and export promotion for all other spices tfle new board would have representatives of growers, centre! and state governroents, research institutions, traders and exporters it will be financed by a cess on exports within a ceuing of five per cent the availability of funds will make it possible for it to direct and promote research and developmental activities aimed at increasing exports of spices and spice products such activities need the support of an organisation having a bound financial base tq help the tirade compete successfully against international competition 5 the bill seeks to achieve the above objects new delhi; arjun singh the 25th notjember, 1985 clawe 2 seeks to define certain words and ~pression8 used id the bid clau;ge 3,-sub-clause (1) provides for constitution' of the board  sub-clause (2) makes such board a body corporate - i sub-clause (3) provides that the board shall consist of members not exceeding thirty~two sub-clause (4) provides that the office of the member of the board shall not disqualify its holder for being a member of either house of parliament· sub-clause (5) provides that the term of office of the members and other conditions of service· of members of the board may' be prescribed sub-clause (6) lays down the powers and duties of the chairman sub-clawe (7) provides for the powers and functions of the chairman sub-clause (8) lays down that any vacancy, defect or irregularity in the constitution, appointment or procedur-e of the board shall not invalidate the proceedings of the board clause 4 provides for the appointment of the secretary other ofbcers and employees of the board and their terms and conditions of service clause 5 empowers the board to constitute advisory committees as may be necessary for performing its functions clause 6 (1) provides for' transfer of assets and liabilities vested in the cardamom board and the spices export promotion council from the date of commencement of the act the clause further provides that-(a) all debts, obligations and liabilities incurred, all contracts entered into by the cardamom board or the spices export promotion council ihall be deemed to have been incurred or entered into by or for the board - (b) all sums of money due to the cardamom board or the spices export promotion council shall be deemed to be due to the board (c) all suits or legal proceedings with respect to any matter in relation to cardamom board or the spices export promotion council which have been or could have been instituted by or against the cardamom board or the spices export promotion council may be im;tituted against the board (d) every employees holding oftke under the cardamom b~d or the spices export promotion council shall hold his office in the board by the same tenure and upon the same terms and conditions of lervice sub-clause (2) provides that absorption of any employee by the board under this clallse shall not entitle him to any compensation under the industrial disputes act, 1947 (14 of 1947) clause 7 lays down the functions of the board which inter cilia include development, promotion and export of spices, grant of certificate for export of spices, undertake programmes and projects for promotion· at export of spices, assist and encourage studies and research for improvinl of process, quality, technique of grading and packaging of spices, stabilisa· tion of pr:ce of spices for export evolve suitable quality standard and introduce certification of quality through quality marking for spices for export, control quality of spices for export, give licence to manufacturer of spices for export, market for spice in the interest of promotion of export, pr'>vide warehousing facilities abroad for spices, collect statistics, import with the approval of the central government any spice for sale and advise the central government on matters relating to import and export of spices clause 8 provides fol' registration of owners of cardamom estates clause 9 empowers the state governments to make rules prescribing the form of application for registration, cancellation of registration and the fee payable by applicants for registration, etc clause 10 provides that a registered owner shall furnish returns to the board as may be required by the board clause 11 prohibits the export ot spices without a certificate clause 12 lays down the procedure for grant of certificate for export clause 13 provides for cancellation suspension, etc, of certificate of export clause 14 lays down that a person aggrieved by an order of refusal to grant of certificate of export m iy prefer an appeal ·to the central government clause 15 empowers the central government to permit anybody or other agency to export or carry on the business of export without certificate·· clause 16 empowers the central government to control price and djstribution of cardamom clause 17 prohibits the import of cardamom clause 18 empowers the central government to issue directions to the board clause 19 provides for supersession of the board clause 20 provides for giving and grants of loans by the centra' government clause 21 provides for constitution of spices board fund clauses ~2 23 24 and 25 make usual provisions regarding preparation of budget annual report accounts and audit and laying of annual report and audit report before parliament clause 26,27,2829 and 30 lay down the penalties for contravention of different provisions of the act  clause 31 ,provides for offences by companie'~clause 32 provides that the provisions of castoma act, 1962 (52' of 1~62) shall apply to export of spices and import of cardamotnl clause 33 lays down that the previous sanction of the central government is necessary before any prosecution under the bill crause 34 provides for delegation of powers by the board to the chairman or' any other member or officer of the board clause 35 lays down that all members, officers and' other employees by acting in pursuance of any of the ,provisions of the act shall be deemed to be public servant : olause 36 se!!ks to  giveprotec~ion to any member, officer or employee' of the authority in res~t of any thing done or intended to }:i~ done in good faith in pursuance 'of this bill or the rules or rerulations made thereunder clause 37 seeks to empower any person generally or specially authorised by the board to enter, inspect, surveyor take levels of any land or premises necessary for the purposes of this bill at all reasonable times clause 38 confers upon the central government power to make rules in respect of number of members of the board, term of office and the other conditions of service of members powers duties and functions of the chairman and vice-chairman, the fotm for preparing budget and annual report, the f~rm of appeal and procedure for disposal thereof, etc clause 39 confers powers on board to make, with the previous approval of the central government, regulations genetaly to carry out the purposes of this bill clause 40 provides laying of rules and regulations on the table of boih the houses of parliament  '  clause 41 seeks to empower the central government to remove any difficulty which may arise in giving effect to the provisions of this bui clause 42 seeks to repeal the cardamom board act, 1965 sub-cipuses ,(1) and (3) of clause ,3 of the bu~ provide, respectively for the establisqment and constitution of the spices b\itu'd sub-clause (5) of clause 3 provides that the term of office of the members including the chairman and other conditions of service of the m~mbers shall be such as may, be presclibed 2 clause 4 provides for the appointment of the secretary and other officers and employees of the board ' the secretary, other officers and employees will be entitled to such salaries and allowances as may be determined by regulations under sub-clause (2) of clause 4 provision has been made under clause 19(2) (b) for ,appointment of a rerson or persons to exercise and' perfonn the powers and duties of the board when the board is superseded 3 clause 7 provides for the functions of the board and these include, intler alia, developing, promoting and regulating export of spices and undertaking progrrnunes and projects· for promotion and export of spices' ,4 the aforementicmed p~ovistons of the, bill, involve expenditure towards-(a) payment of salaries  allowances, etc, of the members of the , 'board including' the chairman, persons appointed to exercise the powers and duties of the board when the board is dissolved and of the officpfs and employees cf tiie board,; and (b) meeting othc:!r administrative expenses of the board including expenses for discharging its fu~ctions 5 clause 21 of: the bill provides for the constitution of a fund to be called the spices board 'fund and the fund is to be applied for meeting the aforementioned expenditure the fund will consist, inter alia, of the grants and loans given by the central government under cluse 20 and the fees collected by the board 6 it is not po!lsible at the present stage to indicate the expenditure involved the spices board will utilise the budget available with the cardamom board in the first instance however, it is estimated that additional amount of about rs 20 lakhs will be incurred initially on the establishment of the board when the board expands its activities, its expenditure may jncrease further the board will meet its expenditure from its own fund and any payments made to the board by the central government after due appropriation' made by parliament by law in that behalf "  ~  '  '1"','' ''''' ,-",  memorandum regarding delegated legislationclause 9 of the bill empowers the state govemment to make rules to prescribe the form of application for registration and its cancellation, the fee payable on such application, the particulars to be included in such applications and the procedure to be followed in granting and cancelling registration and the registers to be kept by registering officers clause 38 of the bi~l empowers the central government to make rules to provide, among other matters, the tenn of office and other conditions of service of members of the bowd, powers and duties of the chairman and vice-chainnan, the constitution of the advisory committees, the form in which the board may prepare its budget and annual report and maintain its accounts and the manner of audit of accounts, the conditions and restrictions with respect to the power to enter upon any land or premises clause 39 of the bill empowers the board, to make, with the previous approval of the central government, regulations to provide for the terms and conditions of service of the secretary and other officers and employees of the board and the terms and conditions under which certiftcate for export may be granted the matters in respect of which rules and regulations may be made under the aforementioned provisions are matters of procedure or administrative detail and it is hardly practicable ~ provide for them in the bf1l itself the delegation of legislative power is, therefore, of a normal character a bill to provide for the constitution of a board for the development of export of spices and for the control of cardamom industry including the control of cultivation of cardamom and matters connected therewith (shri ar;un singh, minister of commerce) 