Coffee Rules,. 1955 amended (1st Amendment of 2016) Sl-43

In exercise of the powers conferred by sub-section (2) of section 48 read with sub-section (2) of section 4 and sub-section (1) of section 9 of the Coffee Act, 1942 (VII of 1942), the Central Government hereby makes the following rules further to amend the Coffee Rules, 1955 namely:-

(1) These rules may be called the Coffee (Amendment) Rules, 2016-

(2) They shall come into force on the date of their publication, in the Official Gazette.

1 In the Coffee Rules, 1955, (hereinafter referred as the principal rules), -

(a) in rule 3 of the principal rules, for clause (c) in sub rule (2), the following clause shall be substituted, namely :-

“(c) three members shall represent the coffee trade interests, two members shall represent the curing establishment, three members shall represent the interests of labour, two members shall represent the interests of consumers, two members shall represent the interests of coffee growing States other than those mentioned in clause (a) of Sub rule 2 of Rule 3 one member shall represent the manufacturers of instant coffee, one shall be an eminent scientist from a Research Institute or an Agricultural University or an eminent personality in marketing management or promotion of coffee and one shall be the Secretary to the Coffee Board.”;

(b) in rule 4 of the principal rules, for sub-rule (1), the following sub-rule shall be substituted, namely:-

“(1) Subject to the other provisions of the Act and these rules, a member shall hold office for such period not exceeding three years or until a new person is appointed in his place whichever is earlier and shall also be eligible for re-appointment;”;

(c) in rules 5, 6, 7 and 9 of the principal rules, for the word “Secretary” wherever it occurs, the words “Deputy Secretary” shall be substituted;

(d) in rule 8 of the principal rules, after clause (e), the following clause shall be inserted, namely:-

(f) if it is necessary in the public interest to do so.”;

(e) in rules 12, 15,16, 24(2), 31 and 35 of the principal rules, for the word “Chairman” wherever it occurs, the word “Secretary” shall be substituted;

(f) in rule 14, of the principal rules, for the words “Vice-Chairman” the words “Secretary” shall be substituted;

(g) in rule 18 of the principal rules, in sub-rule (1), in clauses (a) to (f), for sub-clauses (i), the following sub-clause shall respectively be substituted, namely:-

“(i) The Secretary, Coffee Board shall be the ex-officio Chairman of the Committee”;

(h) In rule 31 of the principal rules,

(A) for sub-rules, (2a), (2b) and (2c), the following sub-rule shall be substituted, namely:-

“(2) All posts in the Board shall be filled in accordance with the rules made by the Central Government from time to time.”;

(B) for sub-rules (4), (4A), (4B), (4C) and (4D), the following sub-rule shall be substituted, namely:-

“(4) The pay, leave, allowances including travelling allowances, advances and all other conditions of service of the officers and employees appointed by the Board shall be regulated in accordance with the rules applicable to the Central Government officers and employees from time to time.

(4A) The Secretary may grant leave and advances to all such employees and may also delegate this power to the officers of the department subject to such conditions as he thinks fit.

(i) for rule 36 of the principal rules, the following rule shall be substituted, namely:-

“(36) The Secretary may enter in to contracts for the discharge of the duties entrusted to him subject to the provisions of the General Financial Rules of the Central Government as amended from time to time:

Provided that every contract which involves expenditure in excess of fifty lakh rupees shall require the previous sanction of the Central Government.”;

(j) for rule 39 of the principal rules, following rules shall be substituted, namely:-

“(39) The Chairman shall preside over the meetings of the Board.

(39A) (1) The Secretary shall-

(a) be the chief executive officer of the Board and shall have administrative and financial power and control over all departments and officers of the Board;

(b) sanction expenditure for contingencies, supplies and services and purchase of articles required for the working of the office of the Coffee Board;

(c) be responsible for implementation of all Schemes of the Coffee Board;

(d) exercise such administrative and financial powers as may be necessary for the smooth functioning of the Coffee Board;

(e) issue receipts on behalf of the Board for all moneys received under the Act;

(f) cause all important papers and matters to be presented to the Board as early as practicable;

(g) maintain a proper record of the proceedings of the meetings of the Board and decisions of those meetings;

(h) issue direction as to the method of carrying out the decisions of the Board;

(i) be responsible for preparation of draft annual report on the working of the Board and its submission to Central Government after approval by the Board on a date not later than the date specified in this behalf by the Central Government;

(j) attend all the meetings of the Board and assist Chairman in implementing the decisions of the Coffee Board;

(k) have power to inspect by himself or by any officer of the Board authorized by him in his behalf or appoint agents for the purpose of inspecting any registered estate or licensed curing establishment or any place where coffee is stored or exposed for sale and to examine the books of any such estate or establishment or place;

(l) have power to check the composition blends manufactured by different roasters and to issue certificates to them indicating the composition and to inspect himself or to authorize his subordinate officers to inspect any roasting establishment and to examine accounts and records of any such establishment and to collect samples of blends for inspection;

(m) have power to issue a permit for the re-importation of Indian coffee to India;

(n) have power to issue licenses to curing establishment;

(o) have power to require the Board or any committee to defer taking action, pending a reference to the Central Government, on any decision and;

(p) have power to sanction honorarium for meritorious work or special item of work forming a part of one’s official duties in accordance with the rules or instructions made by the Central Government in this behalf.

(2) The Secretary may, for the purpose of carrying out the functions of the Board, assign duties to the officers and employees of the Board.

(3) In addition, the Secretary shall have such powers as may be delegated to him by the Central Government or the Board or Chairman in accordance with provisions of the Act:

Provided that where a matter has to be disposed of by the Board or a Committee and the decision cannot wait till a meeting of the Board, or the appropriate committee, as the case may be, is held or till completion of circulation of papers, the Secretary may take a decision himself and after taking decision thereon, he shall formally place the decision so taken before the Board or the Committee, as the case may be”.

Sd/-
(Binoy Kumar)
Addl. Secy.

G.S.R.669(E)
F.No.09/2/2016-Plant B
Issued by:
Ministry of Commerce and Industry
(Department of Commerce)
New Delhi

Note: The principal rules were published vide number S.R.O.1662 dated 01.08.1955 in the Gazette of India, Part II section 3 and was last amended vide number G.S.R.694(E) dated 25.10.1995.