LexThe Meghalaya Commercial Crops Development Board Act No.6, 1997
Meghalaya · state statute
Open in Lexace · Ask the AI about this act
THE MEGHALAYA ACT 6 OF 1997
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on the 3rd May, 1997
Published in the Gazette of Meghalaya, Extra-ordinary issue, dated 3rd May, 1997
THE MEGHALAYA COMMERCIAL CROPS DEVELOPMENT BOARD ACT,
1996
An
Act
to provide for setting up a Board for promoting the cultivation and processing
And marketing of commercial crops in this State and for matters connected therewith
Be it enacted by the Legislature of the State of Meghalaya in the Forty -seventh Year of the
Republic of India as follows:-
Short title
commencement
and duration.
1. 1. This Act may be called the Meghalaya Commercial Crops
Development Board Act, 1996.
2. It extends to the whole of the State of Meghalaya
3. It shall come into force on such date as the State Government may
by notification in the official Gazette appoint.
Definitions 2. In this Act, unless the context otherwise required-
(a) “Board” means the Meghalaya Commercial Crops Development
Board constituted under sub-section (1) of section 3;
(b) “Chief Executive Officer” means the Chief Executive Officer of the
Board Appointed under sub-section (1) of Section 5;
(c) “commercial crops” include potatoes
1“and tapioca” for processing
broom stick, tezpat ta, cotton, rubber, tea, coffee, cashewnut, black
pepper, ginger, turmeric, betel leaf, arecanut citrus fruits,
2“temperatan fruits edible bamboo” medicinal or aromatic plants
and any crops as the State Government may by notification in the
Official Gazette specify
;
(d) “Commodity Board” means the Coffee Board, the Tea Board, the
Rubber Board or as the case may be, Spices Board set up by the
Central Government;
1 Added by Amendment of Act No.3 of 2001,Sec 2
2 Added by Amendment of Act No. 3 of 2001, Sec 2
(e) “prescribed” means prescribed by rules or, as the case may be, by
regulations;
(f) “regulations” means regulations made by the Board under this Act;
(g) “rules” means rules made by the State Government under this Act;
(h) “section” means a section of this Act;
(i) “State” means the State of Meghalaya; and
(j) “State Government” means the Government of the State of
Meghalaya
Constitution of
the Board
3. (1) There shall be constituted by the State Government by notification
the Official Gazette a Board to be called the Meghalaya
Commercial Crops Development Board from such data as may be
specified in the notification.
(2) The Board shall be a body corporate having perpetual succession
and a common seal with powers to acquire, hold, mortgage and
dispose of property and to enter into contract and may by the said
name sue and be sued.
(3) The headquarters of the Board shall be at Shillong or at such other
place in the State as the State Government may by notification in
the Official Gazette specify.
Membership in
the Board
4. (a) As a Chairperson, the Minister-in-Charge Soil Conservations;
(b) As Vice-Chairperson, the Chief Secretary to the State Government;
(c) As members, the Principal Secretary or the Commissioner and
Secretary or the Secretary of each of the Department of Soil
Conservation, Finance, Planning, Revenue and Agriculture of the
State Government, one officer form the National Bank for
Agriculture and Rural Development and two members of the State
Assembly to the nominated by the Government.
(d) As the member Secretary, the Chief Executive Officer
Appointment
of Chief
Executive
Officer,
Officers and
Staff and
conditions of
service
5. (1) The Chief executive Officer shall be appointment by the State
Government.
(2) Other Officers and Staff of the Board shall be appointed by the
Board as may from time to time be necessary subject to such control
and restrictions, if any, as the State Government may think fit to
impose.
(3) The Salaries and allowances and other conditions of Service of the
Chief Executive Officer and of the Officers and staff of the Board
shall be as may by rules be prescribed.
Functions of
the board
6. (4) It shall be the duty of the Board to promote by such measures as it
thinks fit, the cultivation, Processing and marketing of commercial
crops in the State.
(5) Without prejudice to the generally of the provisions contained in
sub-section (1) the measures referred to therein may include:-
(a) Advising the cultivators in land use and land development
particularly for cultivation of commercial crops;
(b) Motivating cultivators to take up cultivation of commercial crops
and assisting them with technical advice;
(c) Exploring, as far as may be, possibilities of introducing new
cultivation techniques;
(d) Assisting cultivators to procure quality seeds and other input;
(e) Advising any person interested in setting up processing units and
assisting him in establishing linkages with factories and other
processing units or with a commodity Board;
(f) Creating marketing infrastructure and finding outlets for the
produces;
(g) 1“Motivating cultivators to take up Commercial Nurseries to
raise quality seed or crops planting, Materials”
;
(h) “extending into financial assistances to cultivators and
entrepreneurs in processing and Marketing to help them achieve
the objective
;”
1Substituted by Amendment Act No.3 of 2001, Sec 2 Earlier the words read as :-
(g) assisting with advice any person engaged in the cultivation, processing or marketing of commercial crops in getting
financial assistance from banks and other financial assistance from banks and other financial institutions or assistance from a
commodity Board; and
(h) any other measure as may be considered necessary for the purpose of promoting and developing the cultivation of
commercial crops.
(i) 1
“entering into financial agreement with commodity Board,
Bank or any other Financial Institution for the promotion and
execution of any Commercial Crops Development Scheme;”
(j)
“mortgage or properties of the Board as security for obtaining
credit from Banker or any Financial Institution;”
(k)
“Granting or advancing loans to any Cooperative Society
registered under the Meghalaya Cooperative Societies Act
(Assam act 1 of 1948 as adapted by Meghalaya) or any
recognized group or any individual;”
(l)
“assisting with advance any person engaged on the Cultivation,
process or Marketing of Commercial Crops in getting, financia l
assistance from Banks and other financial Institutions or
assistance from a Commodity Board and.”
(m)
“any other measure as may be considered necessary for the
purpose of promoting and developing the cultivation of
Commercial Crops.”
(3) Notwithstanding anything contained in this section the Board may,
with approval of the State Government, by itself borrow , money
from banks and financial and other institutions and advance the
same to cultivators or persons engaged in processing and marketing
of commercial crops on such terms and conditions as may by rules
be prescribed.
(4)
2
“Subject to the provisions of this Act and Rules framed
thereunder, the Board may, in the event of failure of a Loanee to
repay the load taken, temporarily take possession of the land
mortgaged or hypothecation of the produce/harvest to be affected
by transaction of mark eting/trading by the board till such time the
loan with accrued interest are fully recovered.
(5)
As soon as the Loanee could repay the loa n with accrued interest
the Board s hall release to the Loanee the land so temporary taken
over by it.”
1Inserted by Amendment Act No.3 of 2001, Sec. 1 (2)
2 Added by Amendment act No.3 of 2001
(6) 1“
Funds
maintenance
and raising
Notwithstanding anything contained in this Act the Board may,
with the prior approval of the State Government acquire lands for
the purpose of raising its own plantations or nurseries or any crop
or for demonstrating new techniques of raising planting materials or
cultivation or for the purpose of establishment of its office
processing units or storage or marketing units and in such case the
provisions of land Acquisition Act, 1994 shall apply.”
7. (1) The Board shall maintain its own funds into which all money it
receives shall be credited into and all necessary payments made
therefrom.
(2) The money I the fund shall be deposited in the State Bank of India,
the Meghalaya Co -operative Apex Bank Ltd. Or any nationalized
bank
2“as may be approved by the State Government
”.
(3) The Board may accept grants, subventions and loans from the
Central or State Government and other Institutions and, with
previous approval of the State Government, borrow money from
banks and from financial and other institutions.
Accounts and
audit
8. (1) The Board shall maintain the accounts in such form and manner as
my by rules be prescribed.
(2) 3“The accounts of the board shall be audited by the Comptroller
and Auditor General of India and the audit report shall be
forwarded to the State Government for action as it may deem
necessary and for placing it before the State legislature
.
(3) General Account of the Board shall be audited once a year by
Chartered Accountant as such the Board may appoint
.”
Submission of
Annual
Reports
9. (1) At the end of each financial year the Board shall prepare an Annual
report on its activities during the year preceding and shall send a
Report along with the financial statement to the State Government.
(2) The Report submitted under sub- section (1) shall be laid before the
State Legislature with such comments as the State Government may
deem fit to make.
4“The State
Government to
make
subventions or
advance loans
to the Board
9A
Notwithstanding anything contained in the Act, the State Government
may from time to time and on such terms and conditions make
Suventions or advance loans to the Board for the purpose of this Act.”
1Added by Amendment Act No.3 of 2001.
2Inserted by Amendment Act No.3 of 2001.
3 Substituted by Amendment Act No.3 of 2001, Earlier the words read as (2) The accounts of the board shall be audited by the
Comptroller and Auditor General of India and the audit report shall be forwarded to the State Government for action as it may
deem necessary and for placing it before the State Legislature.
4Inserted by Amendment Act No.3 of 2001.
Financial 10. When the Board borrows money from banks and from financial and
other institutions for the purposes of this act the State Government may
guarantee, in such manner and subject to such conditions as it may
think fit, for the repayment of the money borrowed and for any interest
that may be due therein.
Direction by
the State
Government
11. The State Government m ay from time to time issue directions 1“for
carrying out” the purposes of this Act and the Board shall comply with
such direction2
Dissolution of
the Board
(s).
12. If at any time the State Government is satisfied that the Board is unable
to discharge or perform its functions and duties or that it is otherwise
necessary in public interest to do so, it may by notification dissolve the
board with effect from such date as it may specify and on such date as
it may specify and on such dissolution-
(a) all properties, funds, rights and liabilities of the Board shall vest
in the State Government, and
(b) the Chairman, Vice- Chairperson and members of the Board
shall accordingly cease to hold office.
Power to make
rules
13. (1) The State Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generally of the foregoing powers the rules
may provide for-
(a) The appointment, salaries and allowances and conditions of
service of the Chief Executive Officer and of the Officers and
staff of the Board;
(b) The terms and conditions for advancing loans by the Board;
(c) The form and manner in which the account and Bank borrowing
are to be maintained and the budget estimates are to be prepared
by the Board.
(d) Matters to be included in the annual reports and the time the
reports are to be submitted by the Board to the State
Government; and
(e) Any other matter which may by rules be prescribed.
1Substituted by Amendment Act No. 3 of 2001,Earlier the words read as “in connection with”
2Added by Amendment Act No.3 of 2001.
Power to make
regulations.
14. (1) The Board may, with previous sanction of the State Government by
notification in the Official Gazette make regulations not
inconsistent with the Act and the rules made there under for the
purpose of giving effect to the provisions of this Act.
(2) Without prejudice to the generally of the foregoing provisions the
regulations may provide for -
(a) the procedure and manner for holding meetings and conduct of
business;
(b) fixing the numbers of members required to form a quorum at a
meeting;
(c) the power and duties of the Chairperson, the Vice -Chairperson
and the Chief Executive Officer;
(d) the operation of the funds and bank accounts;
(e) the power for incurring expenditure by Officers of the Board;
(f) the manner of discharging loans and the general terms and
conditions thereof;
(g) recovery of loans;
(h) the registers and records to be maintained by the Board;
(i) the board criteria for implementing the provisions of the Act in
the field; and
(j) any other matter which may by regulations be prescribed.
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT
AMENDMENTS TO THE MEGHALAYA COMMERCIAL CROPS DEVELOPMENT BOARD ACT,
1996 (ACT NO. 6 OF 1997), AMENDED AND UPDATED UPTO THE YEAR - ACT 3 OF 2001.