TAMIL NADU PALM PRODUCTS DEVELOPMENT BOARD ACT, 1994 THE TAMIL NADU PALM
PRODUCTS DEVELOPMENT BOARD ACT, 1994 [Act No. 15 of 1994] [03rd March, 1994] An Act to provide for
the establishment of a Board for the development of palm products industries
and for matters connected therewith in the State of Tamil Nadu. Whereas the
State of Tamil Nadu which is having about five crores of palmyrah trees and a
large number of other palm trees is a potential centre for the growth and
development of the palm products industry to a greater extent so as to attract
foreign exchange by way of export of palm products; And
Whereas in order to make the palm products competitive and attractive, it
is necessary to introduce modern concepts in the palm products industry and
also to promote research for the development of palm products industry and
better utilisation of the palm products; And
Whereas it is essential to achieve the social objective of alleviating
rural poverty among the workers of the palm products industry; And
Whereas it is expedient to provide for the establishment of a Board for
the above purposes and for matters connected therewith, in the State of Tamil
Nadu; Be
it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Forty-fourth Year of the Republic of India as follows:-- (1) This Act may be called the Tamil Nadu Palm Products
Development Board Act, 1994. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force at once. In
this Act, unless the context otherwise requires,-- (a) "Board" means the Tamil Nadu Palm
Products Development Board established under sub-section (1) of section 3; (b) "Chief Executive Officer" means the
executive authority of the Board appointed under clause (g) of sub-section (2)
of section 3; (c) "Government" means the State Government; (d) "Khadi and Village Industries Commission"
means the Khadi and Village Industries Commission established under section 4
of the Khadi and Village Industries Commission Act, 1956 (Central Act 61 of
1956); (e) "Member" means a member of the Board and
includes the President; (f) "Palm products" means the products
developed from the ingredients of palmyrah, coco palm, date palm and sago palm
trees; (g) "Palm products industry" means the
industry relating to the palm products; (h) "President" means the President of the
Board; (i) "Regulation" means the regulation made by
the Board under this Act; (j) "Vice-President" means the Vice-President
of the Board. Chapter II - THE TAMIL NADU PALM
PRODUCTS DEVELOPMENT BOARD (1) With effect on and from such date as the Government
may, by notification, appoint in this behalf, there shall be established a
Board to be called the Tamil Nadu Palm Products Development Board. It shall be
a body corporate having perpetual succession and a common seal with power to
acquire, hold and dispose of property and to contract and may, by the said
name, sue and be sued. (2) The Board shall consist of the following members,
namely:-- (a) the Minister in charge of the palm products
industry, who shall be the President, ex-officio; (b) nine non-official members from the following
districts where there is much concentration of palmyrah trees and other palm
trees, to be appointed by the Government, namely:-- (i)
Kanniyakumari One. (ii) Tirunelveli-Kattabomman
and Chidambaranar. One. (iii)
Ramanathapuram One. (iv)
Kamarajar, Pasumpon Muthuramalinga Thevar and Madurai. One. (v)
Tiruchirappalli, Thanjavur and Pudukottai One. (vi) Salem
and Dharmapuri One (vii)
Coimbatore and Periyar One. (viii)
North Arcot-Ambedkar One (ix)
Chengalpattu-MGR One. (c) Secretary to Government in charge of the palm
products industry, ex-officio; (d) Secretary to Government in-charge of Finance
Department, ex-officio or his nominee not below the rank of Deputy Secretary to
Government of that Department; (e) Inspector-General of Police (Prohibition),
ex-officio; (f) Chief Executive Officer, Tamil Nadu Khadi and
Village Industries Board established under section 3 of the Tamil Nadu Khadi
and Village Industries Board Act, 1959, ex-officio; (g) Chief Executive Officer to be appointed by the
Government. (3) The Vice-President shall be elected from among the
non-official members. Any
non-official member may resign his office by giving notice in writing to the
Government and on such resignation being notified by the Government in the
Tamil Nadu Government Gazette, such member shall be deemed to have vacated his
office. No
act or proceedings of the Board shall be invalid by reason only of the
existence of any vacancy amongst its members or any defect in the constitution
thereof. (1) The Board may associate with itself in such manner
and for such purposes, as may be determined by regulations, any person whose
assistance or advice it may desire in complying with any of the provisions of
this Act. (2) A person associated with the Board under
sub-section (1) for any purpose shall have the right to take part in the
discussions of the Board relevant to that purpose, but shall not have the right
to vote and shall not be a member for any other purpose. (3) The Government may, by order, depute one or more
officers of the Government to attend any meetings of the Board and to take part
in the discussions of the Board, but such officer or officers shall not have
the right to vote. (1) The Board shall meet at such times and places and
shall, subject to the provisions of sub-sections (2) to (4), observe such rules
of procedure in regard to transaction of business at its meetings (including
the quorum at meetings) as may be provided by regulations: (2) The President may, whenever he thinks fit, call
special meetings of the Board. (3) The President or in his absence the Vice-President,
or if he is also absent, such member as may be chosen by the members present
from among themselves, shall preside at a meeting of the Board. (4) All questions at a meeting of the Board shall be
decided by a majority of the votes of the members present and voting and in the
case of an equality of votes, the President or in his absence the person
presiding shall have a second or casting vote. (5) The proceedings of the meeting of the Board shall
be forwarded to the Government within fifteen days of every meeting. The
term of office and the terms and conditions of service of the Vice-President,
the Chief Executive Officer and the other members shall be such as may be prescribed. (1) The Chief Executive Officer shall exercise such
powers and discharge such duties as may be prescribed or as may, from time to
time, be delegated to him by the Government or by the President. (2) The Board may appoint such other officers and
servants as it considers necessary, in accordance with the regulations made in
this behalf, for the efficient performance of its functions. The
Board may constitute a Standing Finance Committee consisting of the
Vice-President and not more than four members, of whom one shall be the member
specified in item (d) of sub-section (2) of section 3. The Vice-President shall
be the Chairman of the committee. The committee shall exercise such powers and
perform such functions relating to the finances of the Board as may be laid
down by regulations. Chapter III - FUNCTIONS OF THE BOARD (1) Subject to the provisions of this Act, the
functions of the Board shall generally be to plan, organise and implement
programmes for the development of palm products industry. (2) In particular and without prejudice to the
generality of the foregoing power, the Board may take such steps as it may
think fit? (a) to start, encourage, assist and run palm products
industry; (b) to provide deserving persons with gainful
employment in their homes through the organisation of palm products industry; (c) to grant loans and give other assistance for the
development of palm products industry; (d) to organise co-operative societies for palm
products industry; (e) to conduct training centres and train persons at
such centres or at other centres outside the State of Tamil Nadu in palm
products industry; (f) to arrange for the supply of raw materials, tools
and implements to palm products industry and for the sale of palm products; (g) to arrange for publicity and popularisation of palm
product by opening stores, shops, emporia, exhibitions and the like; (h) to educate public opinion and cultivate in the
public a preference for palm products industry and for the utilisation of palm
products; (i) to seek and obtain advice and guidance of experts; (j) to encourage and promote research in the technique
of prediction of palm products or in the development of palm predicts industry; (k) to provide facilities for a study of the problems
relating to palm products industry; (l) to export to foreign countries palm fibre, palm
leaf articles, preserved nungu and other palm products, both edible and
non-edible; and (m) to promote the social objective of alleviating
rural poverty among the workers of the palm products industry. The
Board shall, for the purpose of carrying out its functions under this Act, have
the following powers, namely:-- (a) to acquire and hold such movable and immovable
property as it deems necessary and to lease, sell or otherwise transfer any
such property: Provided
that any lease, sale or other transfer, to any person or authority other than
the Khadi and Village Industries Commission, of any immovable property
belonging to the Board shall be null and void unless it is sanctioned by the
Government; (b) to appoint a committee or committees for securing
the efficient performance of its functions and, in particular, for ensuring
that such functions are performed with due regard to the requirements of the
local area concerned; (c) to incur expenditure and undertake any work in any
area in the State for the framing and execution of such schemes as it may
consider necessary for the purpose of carrying out the provisions of this Act,
or as may be entrusted to it by the Government; and (d) to enter into any contract and to do all things
necessary for the purposes of this Act. In
the performance of its functions under this Act, the Board shall be bound by
such directions as the Government may give to it. Chapter IV - PROPERTY, FINANCE,
ACCOUNTS, AUDIT AND REPORTS The
Government may transfer to the Board any building, land or other property,
movable or immovable for the use of, and management by, the Board on such
conditions and subject to such limitations as may be imposed by the Government. (1) The Board shall have a fund to be called the Palm
Products Industry Fund and all grants and advances made to the Fund from time
to time by the Government for the purpose of the development of palm products
industry and all other grants, subventions, donations, gifts and loans received
from the Central Government or any State Government or the Khadi and Village
Industries Commission or any local authority or any body or organisation,
whether incorporated or not, or any individual for all or any of the purposes
of this Act shall be paid to the Palm Products Industry Fund and all payments
by the Board for, or in respect of, palm products industry shall be made from
the Fund. (2) Except as otherwise directed by the Government, all
moneys belonging to the Fund shall be deposited in such manner as the
Government may, by general or special order, direct or be invested in such
securities as may be approved by the Government. (1) The Government may, from time to time make
subventions and grams to the Board for the purposes of this Act on such terms
and conditions and the Government may, in each case, determine. (2) The Government may from time to time, advance loans
to the Board on such terms and conditions not inconsistent with the provisions
of this Act as the Government may determine. Subject
to the provisions of sections 18, 22 and 23, the Board shall have power to
spend such sums as it deems fit on purposes authorised, by this Act: Provided
that nothing in this section shall be deemed to prevent the Board from
spending, with the previous approval of the Government, such moneys as it
thinks fit on any such purpose outside the State of Tamil Nadu. (1) The Board shall, by such date in each year as may
be prescribed, prepare and submit to the Government for approval a budget in
the prescribed form for the next financial year showing the estimated receipts
and expenditure in respect of palm products industry during that financial
year. (2) Subject to the provisions of sub-sections (3) and
(4), no sum shall be expended, by or on behalf of the Board, unless such
expenditure is covered by a specific provision in the budget approved by the
Government. (3) The Board may, within the limits of the Budget,
sanction any re-appropriation from one head of expenditure to another or from a
provision made for one scheme to that in respect of another: Provided
that no re-appropriation from the head "Loan" to any other head of
expenditure and vice versa in the budget shall be sanctioned by the Board
except with the previous approval of the Government and the Khadi and Village
Industries Commission. (4) The Board may, within such limits and subject to
such conditions as may be prescribed, incur expenditure in excess of the limit
provided in the budget approved by the Government under any head of expenditure
or in connection with any particular scheme so long as the aggregate amount in
the budget approved by the Government is not exceeded. Subject
to such rules as may be made in this behalf by the Government, the Board shall
have power to borrow on the security of the Palm Products Industry Fund or any
other asset for any purpose to which such Fund or asset may be applied. (1) The Board shall maintain accounts and other
relevant records and prepare an annual statement of accounts including the
profit and loss account and the balance sheets in such form as may be
prescribed. (2) The accounts of the Board shall be audited by such
person as the Government may appoint in this behalf. (3) The person appointed under sub-section (2) shall,
in connection with such audit, have such rights, privileges and authority, as
may be prescribed and in particular, such person shall have the right to demand
the production of books, accounts, connected vouchers and other documents and
to inspect any of the offices of the Board. (4) The accounts of the Board, as certified by the
person appointed under sub-section (2), together with the audit report thereon
shall be forwarded annually to the Government and the Khadi and Village
Industries Commission before such date as the Government may specify in this
behalf. (5) The Board shall comply with such directions as the
Government may, after perusal of the report of the person appointed under
sub-section (2), think fit to give. The
Board may, with the previous approval of the Khadi and Village Industries
Commission, make any alteration in any scheme so long as the aggregate amount
sanctioned for the scheme is not exceeded. (1) Except with the previous sanction of the
Government, the Board shall not adopt or execute any scheme or plan or carry
out any works in connection therewith, if the cost of such schemes, plans or
other works exceeds or is likely to exceed? (a) twenty five lakhs of rupees in the case of
replacement, reconstruction, structured, alterations, adaptations, conversions,
improved fixtures, fittings, and machinery and other works of improvement not
involving extensions enlargements or additions to existing works or works
previously in use; or (b) twenty five lakhs of rupees in the case of new
works including extensions, enlargements and additions to existing works or
works previously in use. (2) Notwithstanding anything contained in sub-section
(1), the Board shall not, except with the previous sanction of the Government,
adopt or execute any scheme or plan, if the cost of such scheme, plan or other
work is met or to be met with from the funds provided by the Government. Notwithstanding
anything contained in this Act, where any contract for the execution of any
scheme, plan or other work or for the supply of any materials or goods the
value of which exceeds one crore of rupees, the Board, on receipt of the tenders
in respect of such contract, shall place all the tenders before the Government
which may approve any tender which appears to them, upon a view of all the
circumstances, to be the most advantageous and thereupon the Board shall accept
the tender so approved. The
Board may write-off any amount whatsoever due to it, whether under a contract
or otherwise or any sum payable in connection therewith, if in its opinion such
amount or sum is irrecoverable: Provided
that the Board shall, before writing off any such amount or sum, exceeding ten
thousand rupees, obtain the sanction of the Government. If
any amount due to the Board in accordance with the terms of a contract or
otherwise or any sum payable in connection therewith has not been paid, the
Board may, without prejudice to any other remedy provided by law, recover such
amount or sum as arrear of land revenue. (1) The Board shall furnish to the Government at such
time, in such form and in such manner as may be prescribed or as the Government
may direct, such returns and statements and such particulars in regard to any
proposed or existing programme for the promotion and development of palm
products industry as the Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section
(1), the Board shall, as soon as possible after the end of each financial year,
submit to the Government a report in such form and before such date as may be
prescribed, giving a true and full account of its activities, policy and
programme during the previous financial year. (3) All returns, statements and particulars furnished
by the Board to the Government under sub-section (1) shall, as soon as possible
after they are so furnished, be placed on the table of the Legislative
Assembly. Chapter V - MISCELLANEOUS (1) that any time the Government are satisfied that,-- (a) the Board has, without reasonable cause or excuse,
made default in the discharge of its duties, or in the performance of its
functions, imposed or entrusted by or under this Act, or exceeded or abused its
powers, or (b) circumstances have so arisen that the Board is
rendered unable, or may be rendered unable, to discharge its duties or perform
its functions under this Act, or (c) it is otherwise expedient or necessary to dissolve
the Board, the Government may, by notification, dissolve the Board for such
period not exceeding one year as may be specified in the notification and
declare that the duties, powers and functions of the Board shall, during the
period of its dissolution, be discharged, exercised and performed by such
person or authority, as may be specified in the notification. Provided
that the Government shall, before dissolving the Board, give a reasonable
opportunity to it, to show cause against the proposed action. (2) The Government shall, before the expiration of the
period of dissolution reconstitute the Board in accordance with the provisions
of section 3. (3) The Government may, by order, make such incidental
and consequential provisions, not inconsistent with the provisions of this Act,
as may appear to them to be necessary for giving effect to the provisions of
this section. (4) Any notification issued or order made by the
Government under this section shall not be questioned in any civil court. (5) On the Board being dissolved under sub-section
(1),-- (i) all funds and other properties vested in the Board
shall vest in the Government; and (ii) all rights, obligations and liabilities (including
any liabilities under any contract) legally subsisting and enforceable by or
against the Board shall become the rights, obligations and liabilities of the
Government. (1) In each year, on or before such date as may be
fixed by the Government in this behalf, the Board shall, in such form as may be
prescribed, prepare and forward to the Government? (a) a programme for the promotion of palm products
industry; and (b) a schedule of the staff of officers and servants
employed and to be employed during the next year. (2) The programme for the promotion of palm products
industry shall contain? (a) particulars of the scheme which the Board proposes
to execute whether in part or in whole during the next year; (b) particulars of any work which the Board proposes to
execute or any undertaking which the Board proposes to organise during the next
year for the purpose of performing its functions under this Act; and (c) such other particulars as may be prescribed. (3) The Government may approve and sanction the
programme and the schedule of the staff of officers and servants forwarded to
them under sub-section (1) with such modifications as they may deem fit. (4) The Board may submit a supplementary budget and
supplementary programme for the promotion of palm products industry for the
sanction of the Government in such form and before such date as may be
prescribed and the provisions of section 18 and sub-sections (1) to (3) shall,
respectively, apply to such supplementary budget and programme. The
members, officers and other servants of the Board shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal code (Central Act
XLV of 1860). (1) No suit, prosecution or other legal proceeding
shall lie against the President, Vice-President, Chief Executive Officer or any
other member or any person in the employment of the Board for anything which
is, in good faith, done or intended to be done, in pursuance of this Act. (2) Save as otherwise expressly provided in this Act,
no suit or other legal proceeding shall lie against the Board for any damage
caused or likely to be caused by anything which is in good faith done, or
purported to be done under this Act. (1) The Government may make rules to give effect to the
provision of this Act. (2) In particular and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:- (a) the place at which the office of the Board shall be
located; (b) the term of office of, and the manner of filling
casual vacancies among the members of the Board and the terms and conditions of
service of the Vice-President, the Chief Executive Officer and the other
non-official members of the Board, including the salaries and allowances to be
paid to them and travelling and daily allowances to be drawn by them; (c) the disqualifications for membership of the Board
and the procedure to be followed for removing a non-official member who is or
becomes subject to any disqualification; (d) the procedure to be followed in the performance of
functions by the members of the Board; (e) the powers and duties to be exercised and
discharged by the Chief Executive Officer; (f) the date by which and the form in which the budget
and the supplementary budget shall be prepared and submitted in each year under
section 18 and sub-section (4) of section 28; (g) the procedure to be followed for placing the Board
in possession of the Palm Products Industry Fund; (h) the procedure to be followed and the conditions to
be observed in borrowing moneys and in granting loans; (i) the conditions subject to which and the mode in
which contracts may be entered into by or on behalf of the Board; (j) the form and manner in which the accounts of the
Board shall be maintained under section 20; (k) the form and manner in which the returns, reports
or statements shall be submitted under section 26; and (l) any other matter which has to be, or may be,
prescribed. (3) Every rule, or order made or notification issued
under this Act shall, as soon as possible after it is made or issued, be placed
on the table of the Legislative Assembly, and if before the expiry of the
session in which it is so placed or the next session, the Legislative Assembly
makes any modification in any such rule or order or notification, or the
Legislative Assembly decides that the rule or order or notification should not
be made or issued, the rule or order or notification 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 validity of anything previously done under that rule or order or
notification. (1) The Board may, with the previous sanction of the
Government, by notification, make regulations not inconsistent with this Act
and the rules made thereunder, for enabling it to perform its functions under
this Act. (2) In particular and without prejudice to the
generality of the foregoing power, such regulations may provide for all or any
of the following matters, namely:-- (a) the terms and conditions of appointment and service
and the scales of pay and allowances of the officers and servants of the Board
other than the Chief Executive Officer including the payment of travelling and
daily allowances in respect of journeys undertaken by such officers and
servants for the purposes of this Act; (b) the time and place of meetings of the Board, the
procedure to be followed in regard to transaction of business at such meetings
and the quorum necessary for the transaction of such business at a meeting; (c) the delegation of powers and duties to the Standing
Finance Committee, Chief Executive Officer or any employee of the Board; (d) the maintenance of minutes of meetings of the Board
and the transmission of copies thereof to the Government; (e) the persons by whom and the manner in which
payments, deposits and investments may be made on behalf of the Board; (f) the custody of moneys required for the current
expenditure of the Board and investment of moneys not so required; (g) the maintenance of accounts. (3) The Government may, by notification, rescind any
regulation made under this section and thereupon, the regulation shall cease to
have effect. If
any difficulty arises in giving effect to the provisions of this Act, the
Government may, by an order published in the Tamil Nadu Government Gazette,
make such provisions not inconsistent with the provisions of this Act, as
appear to them to be necessary or expedient for removing the difficulty: Provided
that no such order shall be made after the expiry of a period of two years from
the date of commencement of this Act. The
Tamil Nadu Khadi and Village Industries Board Act, 1959 (Tamil Nadu Act 18 of
1959) shall, with effect on and from the date appointed by the Government by
notification under sub-section (1) of section 3, cease to apply in respect of
palm products industry. Save
as otherwise provided in section 34, the provisions of this Act shall be in
addition to, and not in derogation of, any other law for the time being in
force relating to palm products industry.
Preamble - TAMIL NADU PALM PRODUCTS
DEVELOPMENT BOARD ACT, 1994PREAMBLE