THE SPICES BOARD ACT, 1986

1986 · State unknown · central · act_text

Sections (53)

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

2 · Definitions . — In this Act, unless the context otherwise requires,—

1 · 26th February, 1987 , vide Notification No. S.O. 122(E), dated 26th February, 1987 , see Gazette of India, Extraordinary, Part II, sec. 3(ii).

3 · Constitution and incorporation of the Board . — (1) The Central Government shall, by notification in the Official Gazette , constitute, for the purposes of this Act, a Board, to be called the Spices Board .

4 · Secretary and other officers . — (1) The Board may appoint the Secretary and such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act.

5 · Advisory Committees . — (1) Subject to any rules made in this behalf, the Board may, from time to time, constitute such committees as may be necessary for the efficient discharge of its functions.

6 · Transfer of assets and liabilities of the Cardamom Board and the Spices Export Promotion Council to the Board . — (1) On and from the commencement of this Act,—

7 · Functions of the Board . — (1) The Board may—

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

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

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

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

12 · Grant of certificate . — (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.

13 · Cancellation, suspension; etc. of certificate . — (1) The Board may cancel any certificate on any one or more of the following grounds, namely:—

14 · Appeal . — (1) Any person aggrieved by an order made under section 13 may prefer an appeal to the Central Government within such period as may be prescribed.

15 · Power to permit export without certificate . — The Central Government may, if satisfied that it is necessary or expedient, so to do, in public interest, by notification in the Official Gazette 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 export of spices without a certificate.

16 · Power to control price and distribution of cardamom . — (1) The Central Government may, by order notified in the Official Gazette, fix in respect of cardamom of any description specified therein—

17 · Power to prohibit or control import of cardamom . — 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 of cases.

18 · Power of the Central Government to issue directions . — (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:

19 · Power of the Central Government to supersede the Board . — (1) If at any time the Central Government is of opinion—

20 · Grants and loans by the Central Government . — The Central Government may, after due appropriation made by Parliament by law, in this behalf, make to the Board grants and loans of such sums of money as that Government may consider necessary.

21 · Board Fund . — (1) There shall be constituted a fund to be called the Spices Board Fund and there shall be credited thereto —

22 · Budget . — The Board shall prepare in such form and at such time each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Board 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 , its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government.

24 · Accounts and audit . — The accounts of the Board shall be maintained and audited in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed 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 · Annual report and auditors ' report to be laid before Parliament . — The Central Government shall cause the annual report and auditor ' s report to be laid, as soon as may be after they are received, before each House of Parliament.

26 · Penalty for making false returns . —A —Any person who being required by or under this Act to furnish any return fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be 1 [liable to penalty which may extend to fifty thousand rupees and for subsequent failure, penalty which may extend to one lakh rupees] .

27 · Penalties for obstructing an officer or member of the Board in the discharge of his duties and for failure to produce books and records . —A —Any person who—

28 · . [Penalty for contravention of order relating to control of price, etc.]—Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 and Schedule (w.e.f. 9-8-2024).

29 · Penalties for contravention of section 11 or any order made under section 17 . — If any person contravenes the provisions of section 11 or any order made under section 17 he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 (52 of 1962), be 3 [liable to penalty which may extend to fifty thousand rupees and for subsequent contravention penalty which may extend to one lakh rupees] .

30 · Other penalties . —W —Whoever contravenes or attempts to contravene or abets the contravention of the provisions of this Act or of any rules or regulations made thereunder other than the provisions,

1 · Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 09-08-2024).

2 · Subs. by s. 2 and Schedule, ibid., for certain words (w.e.f. 09-08-2024).

3 · Subs. by s. 2 and Schedule, ibid., for certain words (w.e.f. 09-08-2024).

2 · [30A. Adjudication of penalties . — (1) For the purposes of adjudging the penalties under sections 26, 27, 29 and 30, the Secretary to the Board shall appoint an officer not below the rank of Director in the Board or any other officer authorised by the Central Government, as the case may be, to be an adjudicating officer for holding an inquiry and imposing penalty in the manner as may be prescribed, after giving any person concerned a reasonable opportunity of being heard.

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

32 · Provisions of Act 52 of 1962 to apply to export of spices and import of cardamom . — (a) All spices to which section 11 of this Act applies, and

1 · Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 09-08-2024).

2 · Ins. by s. 2 and Schedule , ibid . (w.e.f. 09-08-2024).

33 · . Previous sanction of the Central Government . —N —No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Central Government.

34 · Delegation . — The Board may, by general or special order in writing, delegate 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 the order, such of its powers and functions under this Act (except the power under section 39) as it may deem necessary.

35 · Members, officers and employees of the Board to be public servants . —A —All members, officers and other employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860) .

36 · Protection of action taken in good faith . —N —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 Board or such committee, or any officer or employee of the Government or the Board or any other person authorised by the Government or the Board , for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

37 · Power to enter . — Subject to any rule made in this behalf, any person, generally or specially authorised by the Board in this behalf, may, whenever it is 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 be prescribed:

38 · Power to make rules . — (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

1 · [(ma) the manner of holding inquiry and imposing penalty under sub-section (1) of section 30A;

39 · Power to make regulations . — (1) The Board may, with the previous approval of the Central 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.

40 · Rules and regulations to be laid before Parliament . — 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, before the expiry of the session immediately following 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 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 · Power to remove difficulties . — (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:

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

1 · Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 09-08-2024).

1 · S. No. 27 to 52 added Vide Notification S.O. No. 3130 dated 8 -11 -1990.

Subordinates (30)

riz %o <lo qdo-33004/99

Type: rules · UID: 0030dde898aab8412431c354d1d5b2da5e9fc571 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

THE To sto 330-33004/99

Type: unknown · UID: 12f98c19d9de6da28d5c5ba214be2e3afde177ed · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

REGISTERED No. DL(N)-04/0007/2003-05

Type: unknown · UID: 1f50d2b4233a30ea8ccd83867d02118ada65d53e · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

TE ro So Vdo-33004/99

Type: rules · UID: 23b85062b4e8a9f7f6b87c80975e13ccc45bd208 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Hkkx III — [k.M 4

Type: 4658ee40382c71df4bb42ad786d7d0b319d8c0c9 · UID: 34ec05e4d0bfa978ce434e2b7d16e60e8dd168ae · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Hkkx II—[k.M 3 —m —mi&[k.M (i)

Type: 23b85062b4e8a9f7f6b87c80975e13ccc45bd208 · UID: 38a6aa5c052505139599a152080647ce8a6d6127 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

4Tz%o_jto_Ydo-33004/99

Type: notifications · UID: 3cd40dd25049a713c3bfe6020500d15b1269b187 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

REGD. NO. D. L.-33004/99

Type: unknown · UID: 3ecef18a0a0d8f38f25cdaccda541546e48bf1c9 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

3TRcT en <\^m^ Zht (Soicttc of Jdrwlia

Type: 560308539a52c47b82a3fb99aad0a84162d87e06 · UID: 3fdc34ebabcd7a97601a5387d7a019d9029d69f4 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Fo sto uco- 33004/99

Type: notifications · UID: 4658ee40382c71df4bb42ad786d7d0b319d8c0c9 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

(Registration of Exporters)

Type: a7404721c126f0566bc760ead012a3779707c18c · UID: 47afe19fb057b6c4306a9ea6adaa3d5d80a0e67b · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

TITT dl3 &TfT4H, 1986 (1986 #aa 10)

Type: rules · UID: 4d58604aba29d2a854cbcb74ab11c76b2dcbb4b8 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

duud + #.nr .39004i02

Type: regulations · UID: 560308539a52c47b82a3fb99aad0a84162d87e06 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

@E%o So%do-33004/99

Type: rules · UID: 5c6e5f49452e66587d1439c673d6b69cee67bdec · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Hkkx II—[k.M 3 —m —mi&[k.M (ii)

Type: 8365c9f08b7cff724208959b02d98b218af369db · UID: 6dbf78ebe69d2a985fdd3bbb042c2bff7c5dcff0 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

5tzo dte_qdo-33000492

Type: rules · UID: 753414a6787acfa0f379d27c694a37dd23b30961 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

SPICES BOARD (MEETINGS) RULES, 1992

Type: unknown · UID: 81baee3fc05028353b666258918f41b05f0382e4 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

SPICES BOARD (MEETINGS) RULES, 1992 C0 N T E N T $ CHAPTER 7 PRELIMINARY Page Sections I_ Short title and commencement 2. Definitions CHAPTE

Type: rules · UID: 81c6b50f6dcdfead762f58742081139fd3db8489 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

tryo zto_{do-33004/99

Type: notifications · UID: 8365c9f08b7cff724208959b02d98b218af369db · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

REGD NO. D. L.-33004/99

Type: unknown · UID: 843f29c791277500cf00dd365c3ce2373df04c47 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

rirz &, aqa (u)-04/0007/2003--05

Type: notifications · UID: 92abcf895e75f5a0ae3cf65faefa60bccba0fa09 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

THE GAZETTE OF INDIA : EXTRAORDINARY

Type: unknown · UID: a28a6d5b54748c6152ba708caa9f2c705be7395a · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

TR &i& Spices Board Funahl &T toiatut )

Type: regulations · UID: a7404721c126f0566bc760ead012a3779707c18c · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Waz) :o 3lo VaTo- 33004/99

Type: regulations · UID: aba91b90f86bb0162a48482dff0f6081eebad3ed · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

THE GAZETTE OF INDLA EXTRAORDINARY

Type: rules · UID: c54a66e6da67f8526bacc905d962a4c996ccd470 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

REGD. NO. D. L.-33004/99

Type: unknown · UID: d8b0241b2ed4a3691fefbde542be8daf931dd979 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

+++++++++++++++++++++++++++++++++++++++ '4 ( w- Icvbb 7l &i& ( TWramtfararant) SPICES BOARD (QUALITY MARKING) faA_ 1 1992 REGULATIONS, 1992

Type: regulations · UID: ee21452517dccfc6fb894557baa211f5f3c5cbc1 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

@E%o So%do-33004/99

Type: regulations · UID: f1e0f7f5acd7359b98ad3f2e504ea8465c9c2e25 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

*WJ*M «TJj3 dkz (Baxette of 3txdia

Type: aba91b90f86bb0162a48482dff0f6081eebad3ed · UID: f2345ab9c01f94357c3b7ae1490f04c88669a847 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

75t + & Yojo-3J004/99

Type: regulations · UID: fd2d646c929a444354de0c67126300ed89b6624d · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF