SPICES BOARD ACT

THE SPICES BOARD ACT, 1986

ACT No. 10 OF 1986

20th March, 1986.

An Act to provide for the constitution of aBoard for the development of export of spices and for the control of cardamomindustry including the control of cultivation of cardamom and matters connectedtherewith.

BE it enacted by Parliament in theThirty-seven Year of the Republic of India as follows: –

CHAPTER I

PRELIMINARY

1.Short title, extent and commencement: (1)This Act may be called the Spices Board Act, 1986.

(2) It extends to the whole of India.

(3) It shall come into force on such date 1as the Central Government may, by notification in the Office Gazette, appoint.

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1. 26-2-1987 – vide Notification No. S. O.122 (E), dated 26-2-1987, Gazette of India, 1987, Extra-ordinary, Part II,Section 3(ii).

2.Definitions: In this Act, unless thecontext otherwise requires, –

(a) "Board" means the SpicesBoard constituted under sub-section (1) of section 3;

(b) "cardamom" means the fruit ofcardamom plant and includes green cardamom, bleached cardamom, bleachable whitecardamom, sun-dried cardamom, cardamom seeds, powdered cardamom and oilextracted from cardamom;

(c) "Cardamom plant" meansELETTARIA CARDAMOM MATON, AMMOMUM SUBULATUM ROXB and any other plant which theBoard may, by notification in the Official Gazette, declare to be a cardamomplant for the purposes of this Act;

(d) "certificate" means acertificate granted under section 12;

(e) "dealer" means a dealer inspices;

(f) "estate" means the area administeredas one unit which contains land planted with cardamom plants;

(g) "export" and"import" mean, respectively, taking out of or bringing into India byland, sea and air;

(h) "manufacturer" means amanufacturer of spices;

(i) "member" means a member ofthe Board appointed under sub-section (3) of section 3;

(j) "owner", in relation to anyland planted with cardamom plants, includes-

(i) any agent of the owner; and

(ii) a mortgagee, lessee or other person inactual possession of the land;

(k) "prescribed" means prescribedby rules made under this Act;

(l) "registered estate" means anestate in respect of which an owner is registered under sub-section (1) ofsection 8 and includes any estate in respect of which an owner is required tobe registered under the provisions of that sub-section;

(m) "registered owner" means anowner of a registered estate" which has been or is registered or isrequired to be registered under sub-section (1) of section 8; and

(n) "spices" means the spicesspecified in the Schedule:

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 oromit any spice therefrom.

CHAPTER II

THE SPICES BOARD

3.Constitution and incorporation of theBoard: (1) The Central Government shall, by notification in the OfficialGazette, constitute, for the purposes of this Act, a Board, to be called theSpices Board.

(2) The Board shall be a body corporate bythe name aforesaid having perpetual succession and a common seal with power,subject to the provisions of this Act, to contract and shall, by the said name,sue and be sued.

(3) The Board shall consist of such numberof members, not exceeding thirty-two, as may be prescribed, and unless therules made in this behalf otherwise provide, the Board shall consist of thefollowing members, namely: –

(a) a Chairman;

(b) three Members of Parliament, of whomtwo shall be elected by the House of the People and one by the Council ofStates;

(c) three members of represent respectivelythe Ministries of the Central Government dealing with-

(i) Commerce;

(ii) Agriculture; and

(iii) Finance;

(d) six members to represent the growers ofspices;

(e) eleven members to represent theexporters of spices;

(f) three members to represent major spiceproducing States;

(g) five members, one each to represent-

(i) the Directorate of Cocoa, Aeronaut andSpices Development, Calicut;

(ii) the Indian Institute of Packaging,Bombay;

(iii) the Central Food Technological andResearch Institute, Mysore;

(iv) the Regional Research Laboratory,Trivandrum; and

(v) the Central Plantation Crops ResearchInstitute, Kasargode.

(4) The office of member of the Board shallnot disqualify its holder for being chosen as, or for being, a member of eitherHouse of Parliament.

(5) The term of office of the members andother conditions of service of the members shall be such as may be prescribed.

(6) The Chairman shall, in addition topresiding over the meetings of the Board, exercise and discharge such powersand duties of the Board as may be delegated to him by the Board and such otherpowers and duties as may be prescribed.

(7) The Board shall elect from among itsmembers a Vice-Chairman who shall exercise such of the powers and perform suchof the functions of the Chairman as may be prescribed or as may be delegated tohim by the Chairman.

(8) No act or proceeding of the Board shallbe invalidated merely by reason of-

(a) any vacancy in, or any defect in theconstitution of, the Board;

(b) any defect in the appointment of aperson acting as a member of the Board;

(c) any irregularity in the procedure ofthe Board not affecting the merits of the case.

4.Secretary and other officers: (1) TheBoard may appoint the Secretary and such other officers and employees as itconsiders necessary for the efficient discharge of its functions under thisAct.

(2) The terms and conditions of service ofthe Secretary and other officers and employees of the Board shall be such asmay be determined by regulations.

5.Advisory Committees: (1) Subject to anyrules made in this behalf, the Board may, from time to time, constitute suchcommittees as may be necessary for the efficient discharge of its functions.

(2) Every committee constituted undersub-section (1) shall consist of such number of persons as the Board may deemfit.

6.Transfer of assets and liabilities of theCardamom Board and the Spices Export Promotion Council to the Board: (1) On anfrom the commencement of this Act; –

(a) all properties and other assets vestedin the Cardamom Board and the Spices Export Promotion Council immediatelybefore such commencement shall vest in the Board;

(b) all debts, obligations and liabilitiesincurred, all contracts entered into and all matters and things engaged to bedone by, with, or for the Cardamom Board or the Spices Export Promotion Councilimmediately before such commencement for or in connection with the purposes ofthe Cardamom Board or the Spices Export Promotion Council shall be deemed tohave been incurred, entered into and engaged to be done by, with, or for theBoard;

(c) all sums of money due to the CardamomBoard or the Spices Export Promotion Council immediately before suchcommencement shall be deemed to be due to the Board;

(d) all suits and other legal proceedingsinstituted or which could have been instituted by or against the Cardamom Boardor the Spices Export Promotion Council immediately before such commencement maybe continued or instituted by or against the Board; and

(e) every employee holding any office underthe Cardamom Board or the Spices Export Promotion Council immediately beforesuch commencement shall on such commencement hold his office or service underthe Board with the same rights and privileges as to pension, gratuity and othermatters as would have been admissible to him if there had been no such vesting;and shall continue to do so unless and until his employment under the Board isduly terminated or until his remuneration and other conditions of service areduly altered by the Board.

(2) Notwithstanding anything contained inthe Industrial Disputes Act, 1947 or in any other law for the time being inforce, the absorption of any employee by the Board in its regular service underthis section shall not entitle such employee to any compensation under that Actor other law and no such claim shall be entertained by any court, tribunal orother authority.

7.Functions of the Board: (1) The Boardmay-

(i) develop, promote and regulate export ofspices;

(ii) grant certificate for export of spicesand register brokers therefore;

(iii) undertake programmes and projects forpromotion of export of spices;

(iv) assist and encourage studies and researchfor improvement of processing, quality, techniques of grading and packaging ofspices;

(v) strive towards stabilization of pricesof spices for export;

(vi) evolve suitable quality standards andintroduce certification of quality through "Quality Marketing" forspices for export;

(vii) control quality of spices for export;

(viii) give licenses, subject to such termsand conditions as may be prescribed, to the manufacturers of spices for export;

(ix) market any spice, if it considersnecessary, in the interest of promotion of export;

(x) provide warehousing facilities abroadfor spices;

(xi) collect statistics with regard topieces for compilation and publication;

(xii) import, with the previous approval ofthe Central Government, any spice for sale; and

(xiii) advise the Central Government onmatters relating to import and export of spices.

(2) The Board may also-

(i) promote co-operative efforts amonggrowers of cardamom;

(ii) ensure remunerative returns to growersof cardamom;

(iii) provide financial or other assistancefor improved methods of cultivation and processing of cardamom, for replantingcardamom and for extension of cardamom growing areas;

(iv) regulate the sale of cardamom andstabilization of prices of cardamom;

(v) provide training in cardamom testingand fixing grade standards of cardamom;

(vi) increase the consumption of cardamomand carry on propaganda for that purpose;

(vii) register and licence brokers(including auctioneers) of cardamom and person engaged in the business ofcardamom;

(viii) improve the marketing of cardamom;

(ix) collect statistics from growers,dealers and such other persons as may be prescribed on any matter relating tothe cardamom industry; publish statistics so collected or portions thereof or extractstherefrom;

(x) secure better working conditions andthe provision and improvement of amenities and incentives for workers; and

(xi) undertake, assist or encouragescientific, technological and economic research.

CHAPTER III

REGISTRATION OF OWNERS OF CARDAMOM ESTATES

8.Registration of owners of cardamomestates: (1) Every owner of land planted with cardamom plants, whether suchland is comprised in one estate or more than one estate, shall, before theexpiration of one month from the date on which he first became owner of suchestate or estates, apply to the registering officer appointed in this behalf bythe State Government to be registered as an owner in respect of each estateowned by him:

Provided that the State Government may, forsufficient reasons, extend the time-limit for registration by such period as itthinks fit.

(2) Registration once made shall continueto be in force until it is cancelled by the registration officer.

9.Power of State Government to make rules:(1) The State Government may, by notification in the Official Gazette, makerules to carry into effect the provisions of section 8.

(2) Without prejudice to the generality ofthe foregoing power, such rules may prescribe the form of the application forregistration and for cancellation of registration, the fee payable on suchapplications, the particulars to be included in such application, on theprocedure to be followed in granting and cancelling registration, the registersto be kept by registering officers and the supply by registering officers ofinformation to the Board.

10.Returns to be made by registered owners:(1) A registered owner shall furnish returns to the Board in such form, at suchtimes and in such manner as may be prescribed.

(2) The Board may authorize an officer tovisit any estate at any time to verify the accuracy of any return made underthis section or to ascertain the productive capacity of the estate.

CHAPTER IV

CERTIFICATE FOR EXPORT OF SPICES

11.No person to export spices without certificate:Save as otherwise provided in this Act no person shall, after the commencementof this Act, commence or carry on the business of export of any spice exceptunder and in accordance with a certificate.

Provided that a person carrying on thebusiness 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; andif he has made an application for such certificate within the said period ofthree months till the disposal of such application.

Explanation: The reference in this sectionto the commencement of this Act shall be construed in relation to any spiceadded to the Schedule by notification under the prison to clause (n) of section2 as reference to the date with effect from which such spite is added to theSchedule.

12.Grant of certificate: (1) An applicationfor grant of certificate shall be made to the Board in such form and shallcontain such particularly as may be prescribed and shall be accompanied by areceipt evidencing the payment of the prescribed fee.

(2) On receipt of such application, theBoard shall; –

(a) if the application is not in theprescribed form or does not contain any of the prescribed particulars, returnthe application to the applicant; or

(b) if the application is in the prescribedform and contains the prescribe particulars, grant the certificate subject tosuch terms and conditions as may be determined by regulations.

13.Cancellation, suspension, etc., ofcertificate: (1) The Board may cancel any certificate on any one or more of thefollowing grounds, namely: –

(a) that the holder of the certificate hasviolated any of the terms and conditions of the certificate; and

(b) that in the opinion of the CentralGovernment it is necessary in the interests of general public to cancel thecertificate.

(2) Where the Board, for reasons to berecorded in writing, is satisfied that pending consideration of the question ofcancelling the certificate on any grounds mentioned in sub-section (1), it isnecessary so to do, the Board may, by order in writing, suspend the operationof the certificate for such period not exceeding forty-five days as may bespecified 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 thesuspension of the certificate should not be extended till the determination ofthe question as to whether the registration should be cancelled.

(3) No order of cancellation ofregistration under this section shall be made unless the person concerned hasbeen given a reasonable opportunity of being heard in respect of the groundsfor such cancellation.

14.Appeal: (1) Any person aggrieved by anorder made under section 13 may prefer an appeal to the Central Governmentwithin such period as may be prescribed.

(2) No appeal shall be admitted if it ispreferred after the expiry of the period prescribed therefore:

Provided that an appeal may be admittedafter the expiry of the period prescribed therefore if the appellant satisfiesthe Central Government that he had sufficient cause for not preferring theappeal within the prescribed period.

(3) Every appeal made under this sectionshall be made in such form and shall be accompanied by a copy of order appealedagainst and by such fees as may be prescribed.

(4) The procedures for disposing of anappeal shall be such as may be prescribed:

Provided that before disposing of anappeal, the appellant shall be given a reasonable opportunity of being heard.

(5) The Central Government may confirm,modify or reverse the order appealed against.

15.Power to permit export withoutcertificate: The Central Government may, if satisfied that it necessary orexpedient, so to do, in public interest, by notification in the OfficialGazette and subject to such conditions, if any, as may be specified therein,permit any body or other agency to commence or carry on the business of exportof spices without a certificate.

CHAPTER V

CONTROL BY THE CENTRAL GOVERNMENT

16.Power to control price and distributionof cardamom: (1) The Central Government may, by order notified in the OfficialGazette, fix in respect of cardamom of any description specified therein-

(a) the maximum price or the minimum price,or the maximum and minimum prices, which may be charged by a grower of cardamomor cardamom dealer, wholesale or retail, whether for the Indian market or forexport; and

(b) the maximum quantity which may in onetransaction be sold to any person.

(2) Without prejudice to the generally ofthe powers conferred by sub-section (1), any order made thereunder may provide-

(a) for requiring persons engaged in theproduction, supply or distribution of, or trade and commerce in, cardamom tomaintain and produce for inspection such books, accounts and records relatingto their business and to furnish such information relating thereto as may bespecified in the order; and

(b) for such other matters, including inparticular the entering and search of premises, vehicles, vessels and aircraft,and the seizure by a person authorized to make such search, of cardamom inrespect of which such person has reason to believe that a contravention of theorder has been, is being or is about to be, committed.

17.Power to prohibit or control import ofcardamom: The Central Government may, by order published in the OfficialGazette, make provision for prohibiting, restricting or otherwise controllingthe import of cardamom, either generally or in specified classes of cases.

18.Power of the Central Government to issuedirections: (1) Without prejudice to the foregoing provisions of this Act, theBoard shall, in the discharge of its functions and duties under this Act, bebound by such directions on questions of policy as the Central Government maygive in writing to it from time to time:

Provided that the Board shall, as far aspracticable, be given an opportunity to express its views before any directionis given under this sub-section.

(2) The decision of the Central Governmentwhether a question is one of policy or not shall be final.

19.Power of the Central Government tosupersede the Board: (1) If at any time the Central Government is of opinion-

(a) that on account of grave emergency, theBoard is unable to discharge the functions and duties imposed on it by or underthe provisions of this Act; or

(b) that the Board has persistently madedefault in complying with any direction issued by the Central Government underthis Act or in the discharge of the functions and duties imposed on it by orunder the provisions of this Act and as a result of such default the financialposition of the Board or the administration of the Board has deteriorated; or

(c) that circumstances exist which renderit necessary in the public interest so to do,

the Central Government may, by notificationin the Official Gazette supersede the Board for such period, not exceeding sixmonths, as may be specified in the notification.

(2) Upon the publication of a notificationunder sub-section (1) superseding the Board; –

(a) all the members shall, as from the dateof super session, vacate their offices as such;

(b) all the powers, functions and dutieswhich may, by or under the provisions of this Act, be exercised or dischargedby or on behalf of the Board, shall until the Board is reconstituted undersub-section (3), be exercised and discharged by such person or persons as theCentral Government may direct; and

(c) all properly owned or controlled by theBoard shall, until the Board is reconstituted under sub-section (3), vest inthe Central Government.

(3) On the expiration of the period ofsuper session specified in the notification issued under sub-section (1), theCentral Government may reconstitute the Board by a fresh appointment and insuch case any person or persons who vacated their offices under clause (a) ofsub-section

(2), shall not be deemed disqualified forappointment:

Provided that the Central Government may,at any time, before the expiration of the period of suppression, take actionunder this sub-section.

(4) The Central Government shall cause anotification issued under sub-section (1) and a full report of any action takenunder this section and the circumstances leading to such action to be laidbefore each House of Parliament at the earliest.

CHAPTER VI

FINANCE, ACCOUNTS AND AUDIT

20.Grants and loans by the CentralGovernment: The Central Government may, after due appropriation made byParliament by law, in this behalf, make to the Board grants and loans of suchsums of money as that Government may consider necessary.

21.Board Fund: (1) There shall beconstituted a fund to be called the Spices Board Fund and there shall becredited thereto-

(a) any grants and loans made to the Boardby the Central Government under section 20;

(b) all fees levied and collected inrespect of certificates grained under this Act; and

(c) all sums received by the Board fromsuch other sources as may be decided upon by the Central Government.

(2) The Fund shall be applied for meeting-

(a) salary, allowances and otherremuneration of the members, officers and other employees of the Board;

(b) expenses of the Board in the dischargeof its functions under section 7; and

(c) expenses on objects and for purposesauthored by this Act.

22.Budget: The Board shall prepare in suchform and at such time each financial year, as may be prescribed, its budget forthe next financial year, showing the estimated receipts and expenditure of theBoard and forward the same to the Central Government.

23.Annual report: The Board shall prepare,in such form and at such time each financial year, as may be prescribed, itsannual report, giving a full account of its activities during the previousfinancial year, and submit a copy thereof to the Central Government.

24.Accounts and audit: The accounts of theBoard shall be maintained and audited in such manner as may, in consultationwith the Comptroller and Auditor-General of India, be prescribed and the Boardshall furnish to the Central Government before such date, as may be prescribed,its audited copy of accounts together with the auditor’s report thereon.

25.Annual report and auditors report to belaid before Parliament: The Central Government shall cause the annual reportand auditor’s report to be laid, as soon as may be after they are received,before each House of Parliament.

CHAPTER VII

MISCELLANEOUS

26.Penalty for making false returns: Anyperson who being required by or under this Act to furnish any return fails tofurnish such return or furnishes a return containing any particular which isfalse and which he knows to be false or does not believe to be true shall bepunishable with fine which may extend to five hundred rupees.

27.Penalties for obstructing an officer ormember of the Board in the discharge of his duties and for failure to producebooks and records: Any person who-

(a) obstructs any member authorized by theChairman in writing or any officer or other employee of the Board authorized byit in this behalf or any person authorized in this behalf by the CentralGovernment or by the Board, in the exercise of any power conferred, or in thedischarge of any duty imposed, on him by or under this Act; or

(b) having control over or custody of anyaccount book or other record, fails to produce such book or record whenrequired to do so by or under this Act.

shall be punishable with imprisonment whichmay extend to six months, or with fine which may extend to one thousand rupees,or with both.

28.Penalty for contravention of orderrelating to control of price, etc: (1) If any person contravenes any order madeunder section 16, he shall be punishable with imprisonment for a term which mayextent to six months, or with fine which may extend to one thousand rupees, orwith both; and the property in respect of which the order has been contravenedor such part thereof as the Court may deem fit, shall be forfeited to theCentral Government.

(2) Any person who attempts to contravene,or abets the contravention of, any order under section 16 shall be deemed tohave contravened that order.

29.Penalties for contravention of section11 or any order made under section 17: If any person contravenes the provisionsof section 11 or any order made under section 17 he shall, without prejudice toany confiscation or penalty to which he may be liable under the provisions ofthe Customs Act, 1962 (52 of 1962), be punishable with imprisonment for a termwhich may extent to one year, or with fine which may extend to one thousandrupees, or with both.

30.Other penalties: Whoever contravenes orattempts to contravene or abets the contravention of the provisions of this Actor of any rules or regulations made thereunder other than the provisions,punishment for the contravention whereof has been provided for in sections 26,27, 28 and 29, shall be punishable with imprisonment which may extend to sixmonths, or with fine which may extend to one thousand rupees, or with both, andin the case of a continuing contravention with an additional fine which mayextend to fifty rupees for every day during which such contravention continuesafter conviction for the first such contravention.

31.Offences by companies: (1) Where anoffences under this Act has been committed by a company, every person who atthe time the offences was committed was in charge of, and was responsible to,the company for the conduct of the business of the company, as well as thecompany, shall be deemed to be guilty of the offences and shall be liable to beproceeded against and punished accordingly:

Provided that nothing contained in thissub-section shall render any such person liable to any punishment provided inthis Act, if he proves that the offences was committed without his knowledge orthat he had exercised all due diligence to prevent the commission of suchoffences.

(2) Notwithstanding anything contained insub-section (1), where an offences under this Act has been committed by acompany and it is proved that the offences has been committed with the consentor connivance of, or is attributable to any neglect on the part of, anydirector, manager, secretary or other officer of the company, such director,manager, secretary or other officer shall also be deemed to be guilty of thatoffences and shall be liable to be proceeded against and punished accordingly.

Explanation: For the purposes of thissection; –

(a) "company" means any bodycorporate and includes a firm or other association of individuals; and

(b) "director", in relation to afirm, means a partner in the firm.

32.Provisions of Act 52 of 1962 to apply toexport of spices and import of cardamom: (a) All spices to which section 11 ofthis Act applies, and

(b) the cardamom to which any order undersection 17 of this Act applies,

shall be deemed to be goods of which theimport or export has been prohibited or restricted under section 11 of theCustoms Act, 1962 (52 of 1962) and all the provisions of that Act shall haveeffect accordingly.

33.Previous sanction of the CentralGovernment: No prosecution for any offences punishable under this Act shall beinstituted expect with the previous sanction of the Central Government.

34.Delegation: The Board may, by general orspecial order in writing, delegate to the Chairman or any other member or toany officer of the Board, subject to such conditions and limitations, if any,as may be specified in the order, such of its powers and functions under thisAct (except the power under section 39) as it may deem necessary.

35.Members, officers and employees of theBoard to be public servants: All members, officers and other employees of theBoard shall be deemed, when acting or purporting to act in pursuance of any ofthe provisions of this Act, to be public servants within the meaning of section21 of the Indian Penal Code (45 of 1860).

36.Protection of action taken in goodfaith: No prosecution or other legal proceeding shall lie against theGovernment, or the Board or any committee appointed by it, or any member of theBoard or such committee, or any officer or employee of the Government or the Boardor any other person authorized by the Government or the Board, for anythingwhich is in good faith done or intended to be done under this Act or the rulesor regulations made thereunder.

37.Power to enter: Subject to any rule madein this behalf any person, generally or specially authorized by the Board inthis behalf, may, where it is necessary so to do, for any of the purposes ofthis Act, at all reasonable times, enter upon any land or premises and make anyinspection or inquiry or do such other act or thing as may be prescribed:

Provided that no such person shall enterany building or any enclosed courtyard or garden attached to a dwelling-house(unless with the consent of the occupier thereof) without previously givingsuch occupier at least twenty-four hours’ notice in writing of his intention todo so.

38.Power to make rules: (1) The CentralGovernment may, by notification in the Official Gazette, makes rules to carryout the purposes of this Act.

(2) Without prejudice to the generally ofthe foregoing power such rules may provide for all or any of the followingmatters, namely: –

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

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

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

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

(e) the constitution of committees undersection 5;

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

(g) the form and manner in which and thetime at which the registered owner may furnish returns to the Board under section10;

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

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

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

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

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

(m) the manner in which the accounts of theBoard shall be maintained and audited and the date before which the auditedcopy of the accounts may be furnished to the Central Government under section24;

(n) the conditions and the restrictionswith respect to the exercise of the power to enter under section 37;

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

39.Power to make regulations: (1) The Boardmay, with the previous approval of the Central Government, by notification inthe Official Gazette, make regulations consistent with this Act and the rulesgenerally to carry out the purposes of this Act.

(2) In particular and without prejudice tothe generality of the foregoing power, such regulations may provide for all orany of the following matters, namely: –

(a) the terms and conditions of service ofthe Secretary and other officers and employees of the Board under sub-section(2) of section 4; and

(b) the terms and conditions under whichthe certificate may be granted under sub-section (2) of section 12.

40.Rules and regulations to be laid beforeParliament: 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 itis in session, for a total period of thirty days which may be comprised in onesession or in two or more successive sessions, and if, before the expiry of thesession immediately following the session or the successive sessions aforesaid,both Houses agree in making any modification in the rule or regulation or bothHouses agree that the rule or regulation should not be made, the rule orregulation shall thereafter have effect only in such modified form or be of noeffect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previouslydone under that rule or regulation.

41.Power to remove difficulties: (1) If anydifficulty arises in giving effect to the provisions of this Act, the CentralGovernment may, by order, published in the Official Gazette, make suchprovision not inconsistent with the provisions of this Act as may appear to benecessary for removing the difficulty:

Provided that no order shall be made underthis section after the expiry of two years from the commencement of this Act.

(2) Every order made under this sectionshall be laid, as soon as may be after it is made, before each House ofParliament.

42.Repeal and savings:(1) Section 3 to 33of the Cardamom Act, 1965 (42 of 1965) are hereby repealed.

(2) Notwithstanding such repeal, anythingdone or any action taken under the provisions of the said Act shall, in so faras such thing or action is not inconsistent with the provisions of this Act, bedeemed to have been done or taken under the provisions of this Act as if thesaid provisions were in force when such thing was done or such action was takenand shall continue in force accordingly until superseded by anything done orany action taken under this Act.

THE SCHEDULE

[See section 2(n)]

1. Cardamom

2. Pepper

3. Chilly

4. Ginger

5. Turmeric

6. Coriander

7. Cumin

8. Fennel

9. Fenugreek

10. Celery

11. Aniseed

12. Bishopsweed

13. Caraway

14. Dill

15. Cinnamon

16. Cassia

17. Garlic

18. Curry leaf

19. Kokam

20. Mint

21. Mustard

22. Parsley

23. Pomegranate seed

24. Saffron

25. Vanilla

26. Tejpat

in any form including curry powders, spiceoil, oleoresins and other mixtures where spice content is pre-dominant.