The National Co-operative Development Corporation Act, 1962
Administered Ministry: Ministry of Agriculture and Farmers Welfare / Department of Agriculture, Cooperation and Farmers Welfare
Section
Section 18 Vacancies, etc., not to invalidate acts and proceedings of the Corporation.
No act or proceeding of 1[the General Council, the Board or any of the committees of the Corporation] shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof.
1. Subs. by Act 3 of 1974, s. 13, for "the Corporation" (w.e.f. 7-4-1975).
Section 19 Delegation.
The Corporation may, by general or special order in writing, delegate to the 1[President or the Vice-President] or any other member or any officer of the Corporation subject to such conditions and limitations, if any, as may be specified in the order such of its powers and functions under this Act as it may deem necessary.
1. Subs. by s. 14, ibid., for "Chairman or the Vice-Chairman" (w.e.f. 7-4-1975).
Section 20 Declaration of fidelity and secrecy.
Every member, auditor, officer or other employee of the Corporation shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Schedule.
Section 21 Dissolution of Corporation.
(1) The Central Government, if it is of opinion that the Corporation has failed to carry out its functions under this Act or that for any other reason it is not necessary to continue the Corporation, may, by notification in the Official Gazette, dissolve the Corporation from such date as may be specified in the notification.
(2) When the Corporation is dissolved under sub-section (1),--
(a) all members of the Corporation shall, from the date of dissolution, vacate their offices as such members;
(b) all powers and duties of the Corporation shall, as from the date of dissolution, be exercised and performed by the Central Government or such person or persons as the Central Government may appoint in this behalf;
(c) all moneys and other properties of the Corporation shall vest in the Central Government.
(2) When the Corporation is dissolved under sub-section (1),--
(a) all members of the Corporation shall, from the date of dissolution, vacate their offices as such members;
(b) all powers and duties of the Corporation shall, as from the date of dissolution, be exercised and performed by the Central Government or such person or persons as the Central Government may appoint in this behalf;
(c) all moneys and other properties of the Corporation shall vest in the Central Government.
Section 22 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.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for
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(d) the term of office of members of the Corporation and the manner of filling vacancies among them;
(e) the methods of appointment, the conditions of service and the scale of pay of the 2[managing director];
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(g) the returns, statements and other particulars in regard to the discharge of its functions to be furnished by the Corporation to the Central Government;
(h) the form and the manner in which, and the time within which, the Corporation shall furnish to the Central Government returns, statements and other particulars with regard to the discharge of its functions;
(i) the form and the manner in which, and the time within which, the Corporation shall furnish to the Central Government a report of its activities, policy and programme;
(j) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this section 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 4[or in two or more successive sessions, and if, before theexpiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for
1* * * * *
(d) the term of office of members of the Corporation and the manner of filling vacancies among them;
(e) the methods of appointment, the conditions of service and the scale of pay of the 2[managing director];
3* * * * *
(g) the returns, statements and other particulars in regard to the discharge of its functions to be furnished by the Corporation to the Central Government;
(h) the form and the manner in which, and the time within which, the Corporation shall furnish to the Central Government returns, statements and other particulars with regard to the discharge of its functions;
(i) the form and the manner in which, and the time within which, the Corporation shall furnish to the Central Government a report of its activities, policy and programme;
(j) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this section 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 4[or in two or more successive sessions, and if, before theexpiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.
1. Clauses (a), (b) and (c) omitted by Act 3 of 1974, s. 15 (w.e.f. 7-4-1975).
2. Subs. by s. 15, ibid., for "Secretary to the Corporation" (w.e.f. 1-4-1974).
3. Clause (f) omitted by s. 15, ibid. (w.e.f. 7-4-1975).
4. Subs. by Act 32 of 1973, s. 4, for certain words (w.e.f. 21-8-1973).
2. Subs. by s. 15, ibid., for "Secretary to the Corporation" (w.e.f. 1-4-1974).
3. Clause (f) omitted by s. 15, ibid. (w.e.f. 7-4-1975).
4. Subs. by Act 32 of 1973, s. 4, for certain words (w.e.f. 21-8-1973).
Section 23 Power of Corporation to make regulations. 1 docs
(1) The Corporation may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for--
(a) the manner in which meetings of 1[the General Council, the Board and other committees of the Corporation] shall be convened, the fees for attending such meetings and the procedure to be followed thereat;
(b) the methods of appointment, the conditions of service and the scales of pay of the officers (other than the 2[managing director]) and other employees of the Corporations;
(c) the duties and conduct of officers and other employees of the Corporation; and
(d) any other matter in respect of which the Corporation is empowered or required to make regulations under this Act.
(3) The Central Government may, by notification in the Official Gazette, rescind any regulation which it has sanctioned and thereupon the regulation shall cease to have effect.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for--
(a) the manner in which meetings of 1[the General Council, the Board and other committees of the Corporation] shall be convened, the fees for attending such meetings and the procedure to be followed thereat;
(b) the methods of appointment, the conditions of service and the scales of pay of the officers (other than the 2[managing director]) and other employees of the Corporations;
(c) the duties and conduct of officers and other employees of the Corporation; and
(d) any other matter in respect of which the Corporation is empowered or required to make regulations under this Act.
(3) The Central Government may, by notification in the Official Gazette, rescind any regulation which it has sanctioned and thereupon the regulation shall cease to have effect.
1. Subs. by Act 3 of 1974, s. 16, for "the Corporation, the Executive Committee and other committees thereof" (w.e.f. 7-4-1975).
2. Subs. by s. 16, ibid., for "Secretary" (w.e.f. 1-4-1975).
2. Subs. by s. 16, ibid., for "Secretary" (w.e.f. 1-4-1975).
Section 24 Repeal and saving.
(1) With effect from the date on which the Corporation is established under section 3, the Agricultural Produce (Development and Warehousing) Corporations Act, 1956 (28 of 1956), shall, in so far as it relates to the National Co-operative Development and Warehousing Board, stand repealed.
(2) Notwithstanding such repeal,--
(a) all moneys and other securities belonging to the National Co-operative Development Fund which, immediately before the said date, was maintained by the National Co-operative Development and Warehousing Board established under the repealed Act (hereinafter referred to as the said Board), shall stand transferred to, and be maintained by, the Corporation established under section 3 of this Act;
(b) all moneys and other securities belonging to the National Warehousing Development Fund which, immediately before the said date, was maintained by the said Board under the repealed Act, shall stand transferred to and be maintained by the Central Warehousing Corporation;
(c) all shares in the capital of the Central Warehousing Corporation held by the said Board shall stand transferred to the Central Government subject to the same liabilities as to payment of unpaid calls on such shares as the said Board was subject to;
(d) anything done or any action taken (including any loan advanced, subsidy granted and appointment, delegation, rule or regulation made) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under this Act; and
(e) all rights, liabilities and obligations of the said Board, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Corporation established under section 3 of this Act.
(2) Notwithstanding such repeal,--
(a) all moneys and other securities belonging to the National Co-operative Development Fund which, immediately before the said date, was maintained by the National Co-operative Development and Warehousing Board established under the repealed Act (hereinafter referred to as the said Board), shall stand transferred to, and be maintained by, the Corporation established under section 3 of this Act;
(b) all moneys and other securities belonging to the National Warehousing Development Fund which, immediately before the said date, was maintained by the said Board under the repealed Act, shall stand transferred to and be maintained by the Central Warehousing Corporation;
(c) all shares in the capital of the Central Warehousing Corporation held by the said Board shall stand transferred to the Central Government subject to the same liabilities as to payment of unpaid calls on such shares as the said Board was subject to;
(d) anything done or any action taken (including any loan advanced, subsidy granted and appointment, delegation, rule or regulation made) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under this Act; and
(e) all rights, liabilities and obligations of the said Board, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Corporation established under section 3 of this Act.