CENTRAL SILK BOARD ACT, 1948
(1) This Act may be called the Central Silk Board Act, 1948.
1 [(2) It extends to the whole of India 2 [Omitted].]
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1. Substituted for old sub-section (2), by A. L. O., 1950.
2. Words "except the State of Jammu and Kashmir" omitted by the Central Silk Board (Amdt.) Act (21 of 1970) Section 2(23-5-1970).
It is hereby declared that it is expedient in the public interest that the Union should take under its control the silk industry.]
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1. Substituted for former Section 2 by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section 3 (25-3-1954).
In this Act, unless there is anything repugnant in the subject or context,--
(a) "Board" means the Central Silk Board constituted under this Act;
1[(aa) "Central Silk-worm Seed Testing Laboratory" means the Central Seed Testing Laboratory established or accredited under sub-section (1) of section 8G;]
(b) "charkha raw silk" means raw silk reeled from silk worm cocoons with the help of any instrument not worked by power;
1[(ba) "Committee" means the Central Silk-worm Seed Committee constituted under sub-section (1) of section 8A;
(bb) "dealer" means a person who carries on the business of buying and selling, export or import of silk-worm seed, cocoons, chawkie reared silk-worms and includes an agent of a
(1) As soon as may be after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Board to be called the Central Silk Board.
(2) The Board 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.
1 [(3) The Board shall consist of the following members, namely:--
(a) a 11[Chairperson] to be appointed by the Central Government;
8[(b) not more than three officials to be nominated by the Central Government, one of whom shall be the head of the Silk Division in the Ministry of Textiles as
A person shall be disqualified for being nominated or appointed or for continuing as a member, if he--
(a) is not a citizen of India; or
(b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) is an undischarged insolvent; or
(d) has become physically or mentally incapable of acting as a member; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his function as a member.]
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1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w
(1) If any Government other than the Central Government fails to make any nomination which it is entitled to make under sub-section (3) of section 4 within the time prescribed in that behalf, the Central Government may make the nomination itself.
(2) Where a member of the Board dies, resigns, is removed, ceases to reside in India, or becomes incapable of acting, the authority or body entitled to nominate the member under sub-section (3) of section 4 may nominate a person to fill the vacancy; and where such nomination is not made within the time prescribed in that behalf, the Central Government on its own initiative, may make the nomination itself.
(3) No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.
(1)1[The 2[Vice-Chairperson] shall] exercise such of the powers and perform such of the duties of the 2[Chairperson] as may be prescribed or as may be delegated to him by the 2[Chairperson].
(2) The Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such of its powers and performing such of its duties as may be delegated by it not being powers or duties the delegation of which is prohibited by rules made under this Act.
(3) The Standing Committee shall consist of the 2[Chairperson], the 2[Vice-Chairperson], and five others elected by the Board from among its members.
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1. Substituted for "The Board shall elect from among its members" by the Central Silk Board (Amdt.) Act, 1952 (56 of 19
2[The Secretary to the Board shall], under the control and direction of the Board, exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board or the 3[Chairperson].
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1. The words "in consultation with the Board" were omitted by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section. 5(25-3-1954).
2. Substituted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006) for the words "The Central Government shall1[* * *] appoint a Secretary to the Board who shall", w.e.f. 01.07.2007
3. Substituted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007
(1) It shall be the duty of the Board to promote the development of the 1 [*] silk industry by such measures as it thinks fit.
(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for--
(a) undertaking, assisting or encouraging scientific, technological and economic research;
(b) devising means for improved methods of mulberry cultivation rearing, developing and distributing healthy silkworm seeds, 2 [reeling or, as the case may be, spinning of silkworm cocoons and silk waste], improving the quality and production of raw silk, if necessary, by making it compulsory for all raw silk to be marketed only after the same has been tested and graded in properly equipped raw silk conditioning houses;
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(1) The Central Government may, by notification in the Official Gazette, constitute for the purposes of this Act, a Committee to be called the Central Silk-worm Seed Committee consisting of--
(a) the Vice-Chairperson of the Board who shall be the Chairperson of the Committee, ex officio;
(b) (i) seven officials not below the rank of Deputy Secretary to the Government of India dealing with sericulture from the States--members;
(ii) two experts from the field of silk-worm seed development--members;
(iii) five persons to represent the sericulture sector of whom three shall be the farmers and two the reelers--members;
to be nominated by the Central Government from amongst the members of the Board;
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(1) The Committee shall be responsible for the implementation of this Act by taking measures as specified in sub-section (2).
(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for--
(i) laying down of quality standards for kind or variety of silk-worm seed;
(ii) authorisation of silk-worm races and hybrids for commercial exploitation;
(iii) laying down of quality standards for production of silk-worm seeds;
(iv) laying down the conditions and requirements that have to be met out by the persons desirous of setting up facilities for production of silk-worm seeds or grainages;
(v) laying down the certi
(1) If the Central Government, after consultation with the Committee, is of the opinion that it is necessary or expedient to regulate the quality of silk-worm seed of any kind or variety for the purpose of production and for commercial exploitation, it may, by notification in the Official Gazette, declare such kind or variety to be a notified kind or variety for the purposes of this Act and different kinds or varieties may be notified for different States or for different areas thereof, and it shall be incumbent upon every producer or dealer of such silk-worm seeds to produce or deal with such notified kinds and varieties of silk-worm seeds and in no other.
(2) The Central Government may, on the recommendation of the Committee, by notification, specify--
(a) the minimum quality standards and conditions for notified kinds or varieties of
(1) The Committee shall constitute a Hybrid Authorisation Committee consisting of the Secretary of the Board who shall be the Chairperson of the Hybrid Authorisation Committee and such number of other members to assist him in the discharge of his duties as the Committee may determine.
(2) It shall be the duty of the Hybrid Authorisation Committee to either suo motu or on the application made to it and after due trials, testing and such other requirements, as it may deem necessary to satisfy itself, recommend to the Committee of the kind or variety of silk-worm seed, silk-worm hybrid seeds and races available in the market for notification by the Central Government for production and commercial exploitation.]
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1. Inserted by the Central Silk Board (Amendment) Act,
(1) No silk-worm seed of any kind or variety shall, for the purpose of production or for commercial exploitation, be produced, supplied, distributed, traded, sold or otherwise disposed of by a producer or dealer unless he is registered by the Registration Committee in such manner as may be prescribed.
(2) The Committee shall constitute the Registration Committee consisting of a Chairperson and such number of other members not less then two to assist him in the discharge of his duties as the Committee, may determine.
(3) The Registration Committee shall have power--
(a) to register the silk-worm seed of the notified kind or variety after scrutinising claims that the silk-worm seed conforms the kind or variety duly notified by the Central Government;
The Committee may, by order, constitute one or more Silk-worm Seed Certification Agencies or accredit the existing certification agencies according to such criteria as may be specified by regulations to conduct inspection for registration of producers and dealers.
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1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007
(1) The Committee may, by order, establish the Central Seed Testing Laboratories and accredit the existing laboratories of the Board or the State Governments having such facilities as may be specified by regulations.
(2) The Central Seed Testing Laboratories and the accredited laboratories shall carryout such functions as may be entrusted to it by the Committee from time to time.
(3) The Committee may, by order, appoint such person as it thinks fit or notify the officials or employees of the accredited laboratories having such qualifications as may be specified by regulations to be the Seed Analyst in the Seed Testing Laboratories and define the local limits of their jurisdiction.
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1. Inserted by the Central Silk Board
(1) The Committee may, by order, appoint such person as it thinks fit, or notify an employee of the Board having such qualifications as may be specified by regulations to be the Seed Officers and define the local limits of their jurisdiction.
(2) Every Seed Officer shall be under the administrative Control of the Committee and shall be responsible for inspecting the seeds and the facilities available with the seed producers and dealers before or after their registration to ensure adherence to the standards and conditions laid down in this regard.
(3) The Seed Officer may--
(a) take samples of any silk-worm seed of any kind or variety from--
(i) any producer or dealer; or
(ii) any person who is in the cour
(1) The Committee shall advise the Central Government from time to time on the export and import of silk-worm seed and the Central Government may, by notification, specify the terms and conditions including exim policy for export and import of silk-worm seed.
(2) All import of silk-worm seed shall conform to the quality standards specified under sub-section (2) of section 8C.
(3) For the purpose of ensuring compliance with the conditions and quality standards for governing such import, the Central Government may, by order, authorise officers of the level of Assistant Commissioner to exercise the powers of inspection at the borders and ports, and such officers shall be deemed to be the Seed Officers for the purposes of this Act.
(4) The Central Government may, by notification, permit for resear
Every registered silk-worm seed producer and dealer shall furnish periodic statement to the Committee in such form, manner and at such intervals as may be specified by regulations.]
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1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007
(1) The Central Government shall from time to time make grants to the Board of such sums as the Central Government may consider necessary for enabling the Board to exercise its powers and discharge its duties under this Act.
(2) The funds of the Board shall be kept in such bank, or, invested in such manner, as may be prescribed and shall be expended by the Board only in the performance of its functions under this Act or for meeting such expenses as are authorised by the Act or by rules made thereunder,
(1) With effect from such date as the Central Government may, by notification in the Official Gazette appoint, there shall be levied and collected as a cess for the purposes of this Act a duty of excise on all filature raw silk, and on all spun silk, reeled in the territories to which this Act for the time being extends at such rate as the Central Government may, by notification in the Official Gazette, from time to time fix.
(2) The said duty of excise shall be payable by the reelers of filature raw silk or spun silk and shall be paid by them to the Board within one month from the date of the receipt of the notice of demand from the Board in that behalf.
(3) The said duty of excise may be recovered as if it were an arrear of land revenue.
(4) For the purpose of enabling the Board to assess th
(1) All acts of the Board shall be subject to the control of the Central Government which may cancel, suspend or modify as it thinks fit any action taken, or order passed, by the Board.
(2) The records of the Board shall be open to inspection at all reasonable times by any officer authorised in this behalf by the Central Government.
(1) The Board shall keep such accounts, and in such manner and form, as may be prescribed, respect of all moneys received and expended by it.
1 [(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Board shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and
The Board shall prepare for every financial year a report of its activities and achievements during that year and submit the report to the Central Government in such form and on or before such date as may be prescribed, and that Government shall cause a copy of the report to be laid before each House of Parliament.]
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1. Inserted by the Central Silk Board (Amdt.) Act (21 of 1970), Section. 5 (23-5-1970).
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
1 [(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:--
(i) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board;
(ii) the procedure to be followed at meetings of the Board and at the standing committee for the conduct of business and the number of members which shall form a quorum at any meeting;
(iii) the maintenance by the Board of records of business transacted by the Board and the submiss
(1) The Committee may, in consultation with the Board, and with the previous approval of the Central Government, by notification, make regulations not inconsistent with the provisions of 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 all or any of the following matters, namely:--
(i) procedure in regard to transaction of business at the meeting of the Committee under clause (a) of sub-section (6) of section 8A;
(ii) laying down of various standards relating to kinds or varieties, production, testing, supply, distribution, trade and commerce and export
Every rule, regulation and notification 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 rule or regulation or notification or both Houses agree that the rule or regulation or notification should not be made, the rule or regulation or notification 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 or regulation or notification.]
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1 [(1)] If any person--
(a) in any return to be furnished under this Act makes any statement which is false and which he knows to be false or does not believe to be true, or
(b) obstructs any officer of the Board 3[Committee and Registration Committee] in the exercise of any power, conferred, or the discharge of any duty imposed on him by or under this Act, or
(c) having the control or custody of any account book or other record, fails to produce such book or record when required so to do under this Act,
he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
2 [(2) If the person committing any offence specified
If any person contravenes the provisions of sections 8C and 8E of this Act or regulations made thereunder or any notification relating to silk-worm seed he shall be punishable with a fine of five thousand rupees which may extend to twenty-five thousand rupees besides suspension or cancellation of the registration to produce silk-worm seeds.]
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1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007
(* * *)
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1. Section 15 omitted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007. Prior to omission Section 15 stood as follows:
"No prosecution for any offence punishable under this Act shall be instituted except by, or with the consent of, the Central Government."
(***)
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1. Section 15A earlier inserted by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section 10 (25-3-1954), omitted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007. Prior to omission Section 15A stood as follows:
"No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under Section 14."
No suit, prosecution or other legal proceeding shall lie against the Board, or any member or officer of the Board, for anything in good faith done or intended to be done under this Act.
The provisions of this Act or any rule or regulation made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.]
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1. Inserted by the Central Silk Board (Amendment) Act, 2006 (Act No. 42 of 2006), w.e.f. 01.07.2007
[Repealed by the Central Silk Board (Amdt.) Act, 1953 (31 of 1953), Section. 11 (25-3-1954)].
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