THE JUTE MANUFACTURES DEVELOPMENT
COUNCIL ACT,1983
An Act to provide for the establishment of a Council for the development
of production of jute manufactures by
increasing the efficiency and productivity in the jute industry, the financing
activities for such development and for matters connected therewith .
BE it enacted by Parliament in the Thirty fourth Year of the Republic
of India as follows,
CHAPTER - I
PRELIMINARY
1.
(a)
This Act, may be called the Jute Manufacture
Development Council Act, 1983.
(b) It extends to the whole
of India.
(c) It shall come into force on such date as
the Central Government may, by notification in the official Gazette, appoint.
2. In this Act, unless
the context otherwise requires
(a) "Chairman"
means the Chairman of the Council.
(b)
"Council" means the Jute Manufactures
Development Council established under section 3.
(c)
"Jute manufacture" shall have the same meanings assigned
to it in the Jute Manufactures Cess Act, 1983.
(d)
"Member" means a member of the
Council andincludes the Chairman
(e)
"Prescribed" means prescribed by
rules made under this Act.
(f) "Year,, means the year commencing on the Ist day of July and ending on the 30th day of June next following.
CHAPTER - II
THE
JUTE MANUFACTURERS DEVELOPMENT COUNCIL
3.
(a) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes
of this Act, a Council to be called the 7ute Manufactures Development
Council.
(b) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both
movable and immovable, and to contract, and shall by the said name sue
and be sued.
(c) The head office of the
Council shall be at Calcutta in the State of West Bengal and the Council may,
with the previous approval of the Central Government, establish offices or
agencies at other places in or outside India.
(d) The Council shall consist
of the following members, namely :
I. a Chairman to be appointed
by the Central Government.
II.. such number of members not exceeding
eight as the Central Government may think fit to be appointed by it from among
the Ministries of the Central Government dealing with -
(i) agriculture ;
(ii) Commerce (textiles);
(iii)
finance ;
(iv) industry ;
(v) Civil supplies ;
(vi) Co-operation ;
III. six members to be
appointed by the Central Government by rotation in the alphabetical order to represent respectively the
Governments Of the States Of Andhra Pradesh Assam, Bihar, Meghalaya; Orissa, Tripura and West Bengal
in which jute is cultivated on a large scale.
Provided that such appointment shall be made On the recommendation Of the Government Of the
State
Concerned ;
IV. four members to be
appointed by the Central Government to represent the producers of jute
manufactures.
V. two members to be appointed
by the Central Government to represent the exporters of jute manufactures.
VI.
three members to be appointed by the Central
Government to represent the growers of jute.
VII. three members to be appointed by the Central Government to represent the
interests of workmen employed in factories producing jute manufactures.
VIII. five members to be
appointed by the Central Government from amongst persons who, in the opinion of
the Central Government, are experts in jute technological research, jute marketing or agricultural
economics.
(e)
The Council shall
elect, from amongst its members, a Vice-Chairman who shall exercise
such of the powers and perform such of
the functions of the Chairman as may be prescribed or as may be delegated
to him by the Chairman.
(f) The term of office and
other conditions of service of the members and the manner of filling vacancies
among, and the procedure to be followed in the discharge of their functions by,
the members shall be such as may be prescribed.
(g) Any officer of the Central
Government, not being a member of the Council, when deputed by that Government
in this behalf, shall have the right to attend the meetings of the Council and
take part in the proceedings thereof, but shall not have the right to vote.
(h) The Council may associate
with itself, in such manner, subject to such conditions and for such purposes
as may be prescribed, any person whose assistance or advice it may desire in
complying with any of the provisions of this Act and a person so associated
shall be entitled to receive such allowances or fees as may be fixed by the
Central Government and shall have the right to take part in the proceedings of
the Council relevant to the purpose for which he has been associated but shall
not have the right to vote.
(i) No act or proceeding of
the Council or any committee appointed by it under section 5 shall be
invalidated merely by reason of
(i)
any vacancy in, or any
defect in the constitution of, the Council or such committee ; or
(ii)
any defect in the
appointment of a person acting as a member of. the Council or such
committee
;or
(iii)
any irregularity in the procedure of the
Council or such committee not affecting the merits of the case.
(j) The Council shall meet at
such times and places and shall observe such rules of procedure in regard to
the transaction of business at its meetings (including the quorum at meetings)
as may be prescribed.
4. (1) The . Chairman shall be entitled to
such salary and allowances and shall be subject
to such conditions of service in respect of leave , pension, provident fund and
other matters as may from time to time be fixed by the
Central Government.
(2)
The other members
of the Council shall receive such allowances
as may be fixed by the Central Government.
5.
(1).the council may
appoint such committees as may be necessary for the efficient discharge of its
duties and performance of its functions under this act. . .
(2)
The Council shall have
the power to co-opt as members of an committee appointed
under sub-section (1) such number of persons
(3) The persons co-opted as members
of a committee under sub-section (2) shall be entitled to receive such
allowances or fees for attending the meetings of the committee as may be fixed
by the Central Government.
6.
(1) Subject to the provisions of this Act, every
person employed by the Jute Manufactures
Development Council established under sub-section (1) of section 6 of the
Industries (Development and Regulation) Act, 1951, immediately before the
date of establishment of the Council under section 3 of this Act,
shall, on and from such date, become an employee of the Council with such
designation as the Council may determine and shall hold his office or service
there in by the same tenure, at the same remuneration and upon the same as he
would have held on such date if the Council had not been established and shall
continue to do so unless and until such tenure, remuneration and terms and
conditions are duly altered by Council;
Provided that the tenure, remuneration and terms and conditions of
service of any such person shall not be altered to his disadvantage without the
previous approval of the Central Government.
(2) Every employee holding any
office under the Central Government immediately before the date of
establishment of the Council solely or mainly for or in connection with such
matters as are relevant to the functions of the Council under this Act, shall,
on and from such date, be treated as on deputation with the Council but shall
hold his office in the Council by the same tenure and upon the same terms and
conditions of service as respects remuneration, leave, provident fund, retirement
or other terminal benefits as he would have held such office, if the Council
had not been established and shall continue to do so until the Central
Government, either on its own motion or at the request of the Council, recalls
such employee to its service or until the Council, with the concurrence of the
Central Government, duly absorbs such employee in its regular service,
whichever is earlier :
Provided that during the period of deputation of any such employee with
the Council, the Council shall pay to the Central Government, in respect of
every such employee, such contribution towards his leave salary, pension and
gratuity as the Central Government may, by order, determine :
Provided further that any such employee, who has, in respect of the proposal
of the Council to absorb him in its regular service, intimated within such time
as may be specified in this behalf by the Council his intention of not becoming
a regular employee of the Council, shall not be absorbed by the Council in its
regular service.
(3) If any dispute or doubt arises
as to which of the employees serving under the Central Government are to be
treated as on deputation with the Council under this section, such dispute or
doubt shall be decided by the Central Government in consultation with the
Council and the decision of the Central Government thereon shall be final.
Provided that the appointment of such category of officers as may be
specified in such rules, shall be subject to the approval of the Central
Government.
(5) Subject to the other
provisions of this section, every officer or other employee appointed by the
Council shall be subject to such conditions of service and shall be entitled to
such remuneration as may be prescribed.
7. (1) It shall be the duty of the Council to
promote, by such measures
as it thinks fit, the development of production of jute manufactures
by
increasing the efficiency and productivity in the jute industry.
(2) Without prejudice to the
generality of the provisions of sub-section (1), the measures referred to the
therein may provide for
(b) promoting arrangements for better
marketing and sale of jute
( e) Promoting standardization
of jute manufactures .
(f) maintenance and improvement of
existing markets and development of new markets outside India for jute
manufactures and devising marketing strategy in consonance with the demand for
such manufactures outside, India ;
(g) sponsoring, assisting, coordinating or encouraging scientific. technological and economic research into the matters relating to materials, equipment, methods of production, product development, including discovery and development of new materials, equipment and methods and of improvements in those already in use in the jute industry -
(h) ensuring stabilization of
prices Of jute manufactures in and outside India ;
(I) promoting or undertaking
the collection and formulation of statistics regarding jute industry ;
(J) propagating information useful to the growers, dealers and exporters of jute and producers or manufacturers of jute goods ;
(k) such other matters as
may be prescribed.
(3) The Council shall
perform its functions under this section in accordance with and subject to such
rules as may be made by the Central Government and such rules may in particular
make provisions for ensuring that the Council functions in close liaison with
Union agencies, institutions and authorities concerned with the jute
manufactures (including cultivation of jute) and avoids duplication of effort.
8. (1) The Central Government may, by notification in the Official
Gazette and for reasons to be specified therein, direct that the Council shall
be dissolved from such date and for such period as may be specified in the
notification :
Provided that before issuing any such notification, the Central
Government shall give a reasonable opportunity to the Council to make
representations against the proposed dissolution and shall consider the
representations, if any, of the council.
(2) When the Council is dissolved
under the provisions of sub-section (1),
(a) all the member all the
members, notwithstanding that their term of office has not expired, shall, from
the date of dissolution vacate their offices as such members ;
(b) all the Powers and duties
of the Council shall, during the period of dissolution, be
exercised and
performed by such person or person as the central government may appoint in this behalf and their remuneration
shall be such as may be prescribed ;
(c) all funds and other properties vested in
the Council shall,
during the period of
dissolution, vest in the central Government ; and
(d) as soon as the period of
dissolution expires, the Council shall
be reconstituted in accordance with the provisions of this Act.
Powers under Jute Packaging Order May 1987 | Minimum use of Jute in Packaging; Order Aug. 1987
Jute & Jute Control Order of April 2000
Jute Packaging Materials Act | JMDC Act | Jute Manufacturers Cess Act
Jute Packaging Material Rules of 26th August 1987.