The Spices Board Act, 1986
Administered Ministry: Ministry of Commerce and Industry / Department of Commerce
Section
Section 21 Board Fund. 1 docs
(1) There shall be constituted a fund to be called the Spices Board Fund and there shall be credited thereto--
(a) any grants and loans made to the Board by the Central Government under section 20;
(b) all fees levied and collected in respect of certificates granted under this Act; and
(c) all sums received by the Board from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be applied for meeting--
(a) salary, allowances and other remuneration of the members, officers and other employees of the Board;
(b) expenses of the Board in the discharge of its functions under section 7; and
(c) expenses on objects and for purposes authorised by this Act.
(a) any grants and loans made to the Board by the Central Government under section 20;
(b) all fees levied and collected in respect of certificates granted under this Act; and
(c) all sums received by the Board from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be applied for meeting--
(a) salary, allowances and other remuneration of the members, officers and other employees of the Board;
(b) expenses of the Board in the discharge of its functions under section 7; and
(c) expenses on objects and for purposes authorised by this Act.
Section 22 Budget. 1 docs
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.
Section 23 Annual report. 1 docs
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.
Section 24 Accounts and audit. 1 docs
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.
Section 25 Annual report and auditor’s report to be laid before Parliament. 1 docs
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.
Section 26 Penalty for making false returns. 1 docs
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].
1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 09-08-2024).
Section 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. 1 docs
Any person who--
(a) obstructs any member authorised by the Chairman in writing or any officer or other employee of the Board authorised by it in this behalf or any person authorised in this behalf by the Central Government or by the Board, in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this Act; or
(b) having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this Act,
shall be 1[liable to penalty which may extend to fifty thousand rupees and for subsequent contravention penalty which may extend to one lakh rupees].
(a) obstructs any member authorised by the Chairman in writing or any officer or other employee of the Board authorised by it in this behalf or any person authorised in this behalf by the Central Government or by the Board, in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this Act; or
(b) having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this Act,
shall be 1[liable to penalty which may extend to fifty thousand rupees and for subsequent contravention penalty which may extend to one lakh rupees].
1. Subs. by Act 18 of 2023, s. 2 and Schedule, for certain words (w.e.f. 09-08-2024).
Section 28 Omitted. 1 docs
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).
Section 29 Penalties for contravention of section 11 or any order made under section 17. 1 docs
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 1[liable to penalty which may extend to fifty thousand rupees and forsubsequent contravention penalty which may extend to one lakh rupees] .
1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 09-08-2024).
Section 30 Other penalties. 2 docs
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, punishment for the contravention whereof has been provided for in sections 26, 27, 28 and 29, shall be 1[liable to penalty which may extend to fifty thousand rupees and for subsequent contravention penalty which may extend to one lakh rupees].
1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 09-08-2024).
Section 30A Adjudication of penalties.
1[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.
(2) Whoever is aggrieved by any order of the adjudicating officer may prefer an appeal to the Secretary to the Board, within a period of sixty days from the date of receipt of such order in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the Secretary to the Board that he had sufficient cause for not preferring the appeal within that period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing
(6) The amount of penalty imposed under sub-section (1), if not paid, shall be recovered as an arrear of land revenue.]
(2) Whoever is aggrieved by any order of the adjudicating officer may prefer an appeal to the Secretary to the Board, within a period of sixty days from the date of receipt of such order in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the Secretary to the Board that he had sufficient cause for not preferring the appeal within that period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing
(6) The amount of penalty imposed under sub-section (1), if not paid, shall be recovered as an arrear of land revenue.]
1. Ins. by Act 18 of 2023, s. 2 and Schedule, (w.e.f. 09-08-2024).
Section 31 Offences by companies. 1 docs
(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:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Section 32 Provisions of Act 52 of 1962 to apply to export of spices and import of cardamom. 1 docs
(a) All spices to which section 11 of this Act applies, and
(b) the cardamom to which any order under section 17 of this Act applies,
shall be deemed to be goods of which the import or export has been prohibited or restricted under section 11 of the Customs Act, 1962 (52 of 1962), and all the provisions of that Act shall have effect accordingly.
(b) the cardamom to which any order under section 17 of this Act applies,
shall be deemed to be goods of which the import or export has been prohibited or restricted under section 11 of the Customs Act, 1962 (52 of 1962), and all the provisions of that Act shall have effect accordingly.
Section 33 Previous sanction of the Central Government. 1 docs
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Central Government.
Section 34 Delegation. 2 docs
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.
Section 35 Members, officers and employees of the Board to be public servants.
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).
Section 36 Protection of action taken in good faith.
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.
Section 37 Power to enter. 1 docs
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:
Provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty-four hours notice in writing of his intention to do so.
Provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty-four hours notice in writing of his intention to do so.
Section 38 Power to make rules. 6 docs
(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 all or any of the following matters, namely:--
(a) the number of members of the Board under sub-section (3) of section 3;
(b) the term of office and other conditions of service of the members of the Board under sub-section (5) of section 3;
(c) the powers and duties of the Chairman under sub-section (6) of section 3;
(d) the powers and functions of the Vice-Chairman under sub-section (7) of section 3;
(e) the constitution of committees under section 5;
(f) the terms and conditions for giving licences to manufacturers of spices for export under clause (viii) of sub-section (1) of section 7;
(g) the form and manner in which and the time at which the registered owner may furnish returns to the Board under section 10;
(h) the form of the application and the fees under sub-section (1) of section 12;
(i) the period of limitation for appeal under sub-section (1) of section 14;
(j) the form of appeal and the fees payable under sub-section (3) of section 14;
(k) the procedure for disposal of appeal under sub-section (4) of section 14;
(l) the form in which, and the time at which, the Board shall prepare its budget under section 22 and its annual report under section 23;
(m) the manner in which the accounts of the Board shall be maintained and audited and the date before which the audited copy of the accounts may be furnished to the Central Government under section 24;
1[(ma) the manner of holding inquiry and imposing penalty under sub-section (1) of section 30A;
(mb) the form and manner of preferring appeal under sub-section (2) of section 30A;] (n) the conditions and the restrictions with respect to the exercise of the power to enter under section 37;
(o) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.
(2) Without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:--
(a) the number of members of the Board under sub-section (3) of section 3;
(b) the term of office and other conditions of service of the members of the Board under sub-section (5) of section 3;
(c) the powers and duties of the Chairman under sub-section (6) of section 3;
(d) the powers and functions of the Vice-Chairman under sub-section (7) of section 3;
(e) the constitution of committees under section 5;
(f) the terms and conditions for giving licences to manufacturers of spices for export under clause (viii) of sub-section (1) of section 7;
(g) the form and manner in which and the time at which the registered owner may furnish returns to the Board under section 10;
(h) the form of the application and the fees under sub-section (1) of section 12;
(i) the period of limitation for appeal under sub-section (1) of section 14;
(j) the form of appeal and the fees payable under sub-section (3) of section 14;
(k) the procedure for disposal of appeal under sub-section (4) of section 14;
(l) the form in which, and the time at which, the Board shall prepare its budget under section 22 and its annual report under section 23;
(m) the manner in which the accounts of the Board shall be maintained and audited and the date before which the audited copy of the accounts may be furnished to the Central Government under section 24;
1[(ma) the manner of holding inquiry and imposing penalty under sub-section (1) of section 30A;
(mb) the form and manner of preferring appeal under sub-section (2) of section 30A;] (n) the conditions and the restrictions with respect to the exercise of the power to enter under section 37;
(o) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 09-08-2024)
Section 39 Power to make regulations. 9 docs
(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.
(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 service of the Secretary and other officers and employees of the Board under sub-section (2) of section 4; and
(b) the terms and conditions under which the certificate may be granted under sub-section (2) of section 12.
(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 service of the Secretary and other officers and employees of the Board under sub-section (2) of section 4; and
(b) the terms and conditions under which the certificate may be granted under sub-section (2) of section 12.