The National Dairy Development Board Act, 1987
Administered Ministry: Ministry of Agriculture and Farmers Welfare / Department of Animal Husbandry and Dairying
Section
Section 41 Management or assistance to others to continue.
For the removal of doubts, it is hereby declared that where, before the appointed day, either the society or the dissolved company was managing any other organisation or rendering any technical or other assistance to any organisation or person, the National Dairy Development Board may continue to render the same or similar service to such extent, for such period and with such modifications as the Board may deem fit.
Section 42 Mother Dairy to be a subsidiary unit of National Dairy Development Board.
The undertaking known as the Mother Dairy, Delhi, shall, on and from the appointed day, become a subsidiary unit of the National Dairy Development Board but shall retain its separate character, unless otherwise decided by the Board.
Section 43 Formation of companies with previous approval of Central Government.
(1) Where the Board considers it necessary so to do, for the implementation of any of its objectives, it may, subject to the previous approval of the Central Government form one or more companies either by itself or in conjunction with any of its subsidiaries or with any other undertaking.
(2) Where any company has been formed in pursuance of sub-section (1),--
(a) in the case of a company formed by the Board by itself or along with its subsidiaries, it may contribute such capital, transfer such of its assets or render such assistance, as may be required, so as to enable the company so formed to function; and
(b) in any other case, it may contribute capital, transfer assets or render assistance in such manner and to such extent as the Board may deem fit subject to specific previous approval of the Central Government in that regard.
(2) Where any company has been formed in pursuance of sub-section (1),--
(a) in the case of a company formed by the Board by itself or along with its subsidiaries, it may contribute such capital, transfer such of its assets or render such assistance, as may be required, so as to enable the company so formed to function; and
(b) in any other case, it may contribute capital, transfer assets or render assistance in such manner and to such extent as the Board may deem fit subject to specific previous approval of the Central Government in that regard.
Section 44 Omitted
[Exemption from tax on income] Omitted by Act 20 of 2002 (20 of 2002) s.162 (w.e.f. 1-4-2003).
Section 45 Returns.
The National Dairy Development Board shall furnish, from time to time, to the Central Government such returns as the Central Government may require.
Section 46 Power to make schemes and regulations regarding service matters retrospectively.
Any scheme or regulation made under this Act in relation to conditions of service or like matters of officers or other employees of the National Dairy Development Board, may be made retrospectively from any date not earlier than the appointed day.
Section 47 Act to have overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Companies Act, the Industrial Disputes Act, 1947 (14 of 1947) or any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act, or in any decree or order of any court, tribunal or other authority.
Section 48 Power to make regulations. 6 docs
(1) The Board may, by notification in the Gazette of India, make regulations not inconsistent with the provisions of this Act and the schemes 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 all or any of the following matters, namely:--
(a) the procedure to be followed for the transaction of business at the meetings of the Board and the number of members which shall form quorum at a meeting under sub-section (1) of section 10;
(b) the allowances to be paid to the members of any management committee, other than the Chairman and whole-time directors, for attending the meetings of the management committee or for attending to any other work of the National Dairy Development Board under sub-section (1) of section 13 and the other matters pertaining to the conduct of proceedings of the management committees under sub-section (2) of that section;
(c) the higher grade for the purposes of clause (a) of section 15;
(d) the particulars of the steps for the advancement of the health, education or other interests of the officers and other employees or their families as referred to in sub-section (4) of section 22;
(e) the matters of detail regarding establishment or maintenance of funds referred to in sub-section (5) of section 22;
(f) the conditions subject to which sums of money are to be deposited under sub-section (2) of section 26;
(g) the form and manner in which the balance-sheet and accounts of the National Dairy Development Board shall be prepared under sub-section (1) of section 27;
(h) the procedure for making an application under sub-section (1) of section 31 and for the disposal thereof under sub-section (2) of that section;
(i) conditions of service of officers and other employees;
(j) any other matter which is to be, or may be, prescribed.
(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 procedure to be followed for the transaction of business at the meetings of the Board and the number of members which shall form quorum at a meeting under sub-section (1) of section 10;
(b) the allowances to be paid to the members of any management committee, other than the Chairman and whole-time directors, for attending the meetings of the management committee or for attending to any other work of the National Dairy Development Board under sub-section (1) of section 13 and the other matters pertaining to the conduct of proceedings of the management committees under sub-section (2) of that section;
(c) the higher grade for the purposes of clause (a) of section 15;
(d) the particulars of the steps for the advancement of the health, education or other interests of the officers and other employees or their families as referred to in sub-section (4) of section 22;
(e) the matters of detail regarding establishment or maintenance of funds referred to in sub-section (5) of section 22;
(f) the conditions subject to which sums of money are to be deposited under sub-section (2) of section 26;
(g) the form and manner in which the balance-sheet and accounts of the National Dairy Development Board shall be prepared under sub-section (1) of section 27;
(h) the procedure for making an application under sub-section (1) of section 31 and for the disposal thereof under sub-section (2) of that section;
(i) conditions of service of officers and other employees;
(j) any other matter which is to be, or may be, prescribed.
Section 49 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:
Provided that no such order shall be made after the expiry of five years from the appointed day.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made after the expiry of five years from the appointed day.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 50 Schemes and regulations to be laid before Parliament.
Every scheme 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 scheme or regulation or both Houses agree that the scheme or regulation should not be made, the scheme 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 scheme or regulation.