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COIR INDUSTRY ACT, 1953

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S.1 Short title, extent and commencement

       (1) This Act may be called the Collection of Statistics Act, 1953.
       (2) It extends to the whole of India except the State of Jammu and Kashmir.
       (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
       -------------------------------
       1.  Came into force on 10-11-1956, vide Gazette of India, Extra., Pt. I, Sec. 1, p. 1027, dated 10th November, 1956.
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S.2 Definitions

       In this Act, unless the context otherwise requires,—
       (a) “appropriate Government” means—
       (i) the Central Government, in relation to the collection of statistics under a direction issued by it under section 3, and
       (ii) the State Government, in relation to the collection of statistics under a direction issued by it under that section;
       (b) “commercial concern” means a public limited company or a co-operative society or a firm or any other person or body of persons engaged in trade or commerce, and includes—
       (i) a concern engaged in banking or insurance;
       (ii) a financial corporation;
       (iii) a concern engage

S.3 Collection of statistics

       The appropriate Government may, by notification in the Official Gazette, direct that statistics shall be collected relating to any of the following matters, namely:—
       (a) any matter relating to any industry or class of industries;
       (b) any matter relating to any commercial or industrial concern or class of commercial or industrial concerns, and in particular, any matter relating to factories;
       (c) any of the following matters so far as they relate to welfare of labour and conditions of labour, namely:—
       (i) price of commodities;
       (ii) attendance;
       (iii) living conditions including housing, water-supply and sanitation;
     &nbs

S.4 Establishment and constitution of the Coir Board

       (1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify in this behalf, there shall be established for the purposes of this Act a Board to be called the Coir 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.
       (3) The Board shall consist of a Chairman and such number of other members not exceeding forty as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among persons who are in its opinion capable of representing—
       (a) growers of coconuts and producers of husk

S.5 Power of statistics authority to call for information or returns

       (1) The statistics authority may serve or cause to be served on the owner of an industrial or commercial concern or on any other person a notice requiring him to furnish such information or returns as may be prescribed relating to any matter in respect of which statistics are to be collected.
       (2) The form in which, and the person to whom, or the authorities to which, such information or returns should be furnished, the particulars which they should contain and the intervals within which such information or returns should be furnished shall be such as may be prescribed.
       (3) The notice referred to in sub-section (1) may be served by post.


S.6 Salary and allowances of Chairman

       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.


S.7 Restriction on the publication of information and returns

       (1) No information, no individual return and no part of an individual return with respect to any particular industrial or commercial concern, given for the purposes of this Act, shall, without the previous consent in writing of the owner for the time being of the industrial or commercial concern in relation to which the information or return was given or made or his authorised agent, be published in such manner as would enable any particulars to be identified as referring to a particular concern.
       (2) Except for the purposes of a prosecution under this Act or under the Indian Penal Code (Act XLV of 1860), no person who is not engaged in the collection of statistics under this Act shall be permitted to see any information or individual return referred to in sub-section (1).


S.8 Penalties

       If any person—
       (a) required to furnish any information or return—
       (i) wilfully refuses or without lawful excuse neglects to furnish such information or return as may be required under this Act; or
       (ii) wilfully furnishes or causes to be furnished any information or return which he knows to be false; or
       (iii) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act; or
       (b) impedes the right of access to relevant records or documents or the right of entry conferred by section 6,
       he shall for each such offence be punishable with fine which may extend to five hundred

S.9 Secretary and staff

       (1) The Central Government shall, after consulting the Board, appoint a Secretary to the Board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board or the Chairman.
       (2) Subject to such control and restrictions as may be prescribed, the Board may appoint such officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time.
       (3) The Chairman, Secretary and other officers and employees of the Board shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government.


S.10 Penalty for improper disclosure of information or returns

       If any person engaged in connection with the collection of statistics under this Act wilfully discloses any information or the contents of any return given or made under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code (Act XLV of 1860), he shall be punishable for such offence with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.


S.11 Dissolution of the Board

       (1) The Central Government may, if the Board does any act exceeding the powers conferred upon it or acts in a manner contrary to the rules or prejudicial to the interests of the industry or acts 1[***] contrary to the directions given by the Central Government, call upon the Board to show cause why the Board should not be dissolved and if no explanation is offered or if the Central Government is dissatisfied with the explanation given it may suspend or dissolve the Board from such date and for such period as may be specified in the notification.
       (2) When the Board is dissolved under the provisions of sub-section (1)—
       (a) all members shall, from the date of dissolution, vacate their offices as such members;
       (b) all powers and duties of the Board shall, during the period of dissolution, be e

S.12 Control of export of coir fibre, coir yarn and coir products

       No coir fibre, coir yarn or coir products shall be exported otherwise than under a licence issued by or on behalf of the Board in the prescribed manner, and the provisions of the Sea Customs Act, 1878 (VIII of 1878) shall have effect as if the provisions made by this section had been made by notification issued under section 19 of that Act:
       Provided that nothing therein contained shall apply to any coir product dispatched out of the territories to which this Act extends by post or carried in a passenger’s luggage for his personal use:
       Provided further that the Central Government may exempt from the operation of this section either absolutely or subject to specified conditions, the export of any coir fibre, coir yarn or coir product to any foreign settlement bounded by India.


S.13 Imposition of a duty of customs on export of coir fibre, coir yarn and coir products

       (1) With effect from such date as may be specified by the Central Government by notification in the Official Gazette, there shall be levied and collected as a cess for the purposes of this Act a duty of customs on all coir fibre, coir yarn and coir products which are exported, 1[at such rate not exceeding two rupees per quinal] as the Central Government may, by the same or a like notification from time to time, fix.
       (2) The cess levied under sub-section (1), shall be in addition to any other duty leviable under the Indian Tariff Act, 1934 (XXXII of 1934) or any other law for the time being in force and shall be collected by such agencies and in such manner as may be prescribed.
       --------------------------------
       1.  Subs. by Act 40 of 1960, sec. 9, for “at such rate not exceeding one rupee per h

S.14 Payment of proceeds of cess to the Board

       The proceeds of the cess levied under sub-section (1) of section 13 shall first be credited to the Consolidated Fund of India and the Central Government may thereafter from time to time pay to the Board from and out of such proceeds such sums of money as it may think fit after deducting the expenses of collection.


S.14(a) Grants by the Central Government to the Board

       The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Board by way of grants, such sums of money as the Central Government may consider necessary.]
       --------------------------------
        1. Ins. by Act 25 of 1964, sec. 4 (w.e.f. 16-6-1964).
       --------------------------------


S.15 Repeal

       [Rep. by the Repealing and Amending Act, 1957 (36 of 1957), sec. 2 and Sch. I (w.e.f. 17-9-1957).]


S.16 Borrowing powers of Board

       Subject to such rules as may be made in this behalf, the Board shall have power to borrow on the security of the Fund or any other asset for any purposes for which the Fund may be applied.


S.17 Accounts and audit

       (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
       (2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be prescribed 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 and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in conn

S.19 Report and returns

       1[(1) The Board shall submit to the Central Government and such other authority, as may be prescribed, an annual report on its activities and the working of this Act for the preceding year; and a copy of every such report shall, as soon as may be after it is received by the Central Government, be laid before each House of Parliament.]
       (2) The Board shall prepare and submit such other returns relating to the coir industry as may be required by that Government from time to time.
       -----------------------------
        1. Subs. by Act 41 of 1994, sec. 2, for sub-section (1) (w.e.f. 8-7-1994).
       -----------------------------


S.20 Penalties

       (1) If any person contravenes the provisions of section 12, he shall be punishable with fine which may extend to five hundred rupees.
       (2) Any person who attempts to contravene or abets the contravention of the provisions of section 12 shall be deemed to have contravened those provisions.


S.21 Offences by companies

       (1) If the person committing an offence under section 12 is a company, every person who at the time the contravention was committed was incharge 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 contravention 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, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
       (2) Notwithstanding anything contained in sub-section (1) where an offence under section 12 has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is

S.22 Previous sanction of Central Government for prosecution

       No prosecution for any offence punishable under this Act shall be instituted except with the previous approval of the Central Government.


S.24 Power to delegate

       The Central Government may, by order notified in the Official Gazette, direct that any power exercisable by it under this Act may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order by such officer or authority as may be specified therein.


S.26 Power of Central Government to make rules

       The Central Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
       (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board;
       (b) the circumstances in which, and the authority by which, members may be removed;
       (c) the holding of a minimum number of meetings every year;
&n

S.27 Power of Board to make by-laws

       (1) The Board may make by-laws consistent with this Act and the rules made thereunder, to provide for—
       (a) the dates, times and places of its meetings and of the meetings of the Executive and other Committees and the quorum for such meetings, and the procedure thereat;
       (b) the delegation of powers and duties to the Executive or any other Committee, or to its Chairman, Vice-Chairman, Secretary or any other of its officers;
       (c) the travelling allowances of members and of members of Committees;
       (d) the appointment, promotion and dismissal of its officers and other employees other than the Secretary and the creation and abolition of their posts;
       (e) the conditions of service of its officers and othe

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