THE SPICES BOARD ACT, 1986 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 
THE SPICES BOARD 

3.  Constitution and incorporation of the Board. 
4.  Secretary and other officers. 
5.  Advisory Committees. 
6.  Transfer  of  assets  and  liabilities  of  the  Cardamom  Board  and  the  Spices  Export  Promotion 

Council to the Board. 
7.  Functions of the Board. 

CHAPTER III 
REGISTRATION OF OWNERS OF CARDAMOM ESTATES 

8.  Registration of owners of cardamom estates. 
9.  Power of State Government to make rules. 
10.  Returns to be made by registered owners. 

CHAPTER IV 
CERTIFICATE FOR EXPORT OF SPICES 

11.  No person to export spices without certificate. 
12.  Grant of certificate. 
13.  Cancellation, suspension, etc., of certificate. 
14.  Appeal. 
15.  Power to permit export without certificate. 

CHAPTER V 
CONTROL BY THE CENTRAL GOVERNMENT 

16.  Power to control price and distribution of cardamom. 
17.  Power to prohibit or control import of cardamom. 
18.  Power of the Central Government to issue directions. 
19.  Power of the Central Government to supersede the Board. 

CHAPTER VI 
FINANCE, ACCOUNTS AND AUDIT 

20.  Grants and loans by the Central Government. 
21.  Board Fund. 
22.  Budget. 
23.  Annual report. 
24.  Accounts and audit. 
25.  Annual report and auditor’s report to be laid before Parliament. 

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CHAPTER VII 
MISCELLANEOUS 

SECTIONS 

26.  Penalty for making false returns. 
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. 

28.  Penalty for contravention of order relating to control of price, etc. 
29.  Penalties for contravention of section 11 or any order made under section 17. 
30.  Other penalties. 
31.  Offences by companies. 
32.  Provisions of Act 52 of 1962 to apply to export of spices and import of cardamom. 
33.  Previous sanction of the Central Government. 
34.  Delegation. 
35.  Members, officers and employees of the Board to be public servants. 
36.  Protection of action taken in good faith. 
37.  Power to enter. 
38.  Power to make rules. 
39.  Power to make regulations. 
40.  Rules and regulations to be laid before Parliament. 
41.  Power to remove difficulties. 
42.  Repeal and savings. 
THE SCHEDULE. 

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THE SPICES BOARD ACT, 1986 

ACT NO. 10 OF 1986 

An Act to provide for the constitution of a Board for the development of export of spices and for 
the  control  of  cardamom  industry  including  the  control  of  cultivation  of  cardamom  and 
matters connected therewith. 

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— 

[20th March, 1986.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Spices Board Act, 1986. 

(2) It extends to the whole of India. 

(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Board” means the Spices Board constituted under sub-section (1) of section 3; 

(b)  “cardamom”  means  the  fruit  of  cardamom  plant  and  includes  green  cardamom,  bleached 
cardamom, bleachable white cardamom, sun-dried cardamom, cardamom seeds, powdered cardamom 
and oil extracted from cardamom; 

(c)  “cardamom  plant”  means  ELETTARIA  CARDAMOMUM  MATON,  AMMOMUM 
SUBULATUM  ROXB  and  any  other  plant  which  the  Board  may,  by  notification  in  the  Official 
Gazette, declare to be a cardamom plant for the purposes of this Act; 

(d) “certificate” means a certificate granted under section 12; 

(e) “dealer” means a dealer in spices; 

(f) “estate” means the area administered as one unit which contains land planted with cardamom 

plants; 

(g) “export” and “import” mean, respectively, taking out of or bringing into India by land, sea and 

air; 

(h) “manufacturer” means a manufacturer of spices; 

(i) “member” means a member of the Board appointed under sub-section (3) of section 3; 

(j) “owner”, in relation to any land planted with cardamom plants, includes— 

(i) any agent of the owner; and 

(ii) a mortgagee, lessee or other person in actual possession of the land; 

(k) “prescribed” means prescribed by rules made under this Act;  

(l)  “registered  estate”  means  an  estate  in  respect  of  which  an  owner  is  registered  under             

sub-section  (1)  of section 8  and  includes any  estate  in  respect  of  which an  owner  is  required to  be 
registered under the provisions of that sub-section; 

(m) “registered owner” means an owner of a registered estate which has been or is registered or is 

required to be registered under sub-section (1) of section 8; and 

1. 26th February, 1987, vide Notification No. S.O. 122(E), dated 26th February, 1987, see Gazette of India, Extraordinary,                 
    Part II, sec. 3(ii). 

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(n) “spices” means the spices specified in the Schedule: 

Provided  that  the  Central  Government  may,  if  satisfied  that  it  is  necessary  or  expedient  in  the 
public interest so to do, by notification in the Official Gazette, add any other spice to the Schedule or 
omit any spice therefrom. 

CHAPTER II 

THE SPICES BOARD 

3.  Constitution  and  incorporation  of  the  Board.—(1)  The  Central  Government  shall,  by 
notification  in  the  Official  Gazette,  constitute,  for  the  purposes  of  this  Act,  a  Board,  to  be  called  the 
Spices Board. 

(2)  The  Board  shall  be  a  body  corporate  by  the  name  aforesaid  having  perpetual  succession  and  a 
common seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sue 
and be sued. 

(3)  The  Board  shall  consist  of  such  number  of  members,  not  exceeding  thirty-two,  as  may  be 
prescribed,  and  unless  the  rules  made  in  this  behalf  otherwise  provide,  the  Board  shall  consist  of  the 
following members, namely:— 

(a) a Chairman; 

(b) three Members of Parliament, of whom two shall be elected by the House of the People and 

one by the Council of States; 

(c)  three  members  to  represent  respectively  the  Ministries  of  the  Central  Government  dealing 

with— 

(i) Commerce; 

(ii) Agriculture; and 

(iii) Finance; 

(d) six members to represent the growers of spices; 

(e) eleven members to represent the exporters of spices; 

(f) three members to represent major spice producing States; 

(g) five members, one each to represent— 

(i) the Directorate of Cocoa, Arecanut and Spices Development, Calicut; 

(ii) the Indian Institute of Packaging, Bombay; 

(iii) the Central Food Technological and Research Institute, Mysore; 

(iv) the Regional Research Laboratory, Trivandrum; and 

(v) the Central Plantation Crops Research Institute, Kasargode. 

(4) The office of member of the Board shall not disqualify its holder for being chosen as, or for being, 

a member of either House of Parliament. 

(5) The term of office of the members and other conditions of service of the members shall be such as 

may be prescribed. 

(6)  The  Chairman  shall,  in  addition  to  presiding  over  the  meetings  of  the  Board,  exercise  and 
discharge such powers and duties of the Board as may be delegated to him by the Board and such other 
powers and duties as may be prescribed. 

(7) The Board shall elect from among 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. 

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(8) No act or proceeding of the Board shall be invalidated merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Board; 

(b) any defect in the appointment of a person acting as a member of the Board; 

(c) any irregularity in the procedure of the Board not affecting the merits of the case. 

4. Secretary and other officers.—(1) The Board may appoint the Secretary and such other officers 

and employees as it considers necessary for the efficient discharge of its functions under this Act. 

(2)  The  terms  and  conditions  of  service  of  the  Secretary  and  other  officers  and  employees  of  the 

Board shall be such as may be determined by regulations. 

5. Advisory Committees.—(1) Subject to any rules made in this behalf, the Board may, from time to 

time, constitute such committees as may be necessary for the efficient discharge of its functions. 

(2) Every committee constituted under sub-section (1) shall consist of such number of persons as the 

Board may deem fit. 

6. Transfer of assets and liabilities of the Cardamom Board and the Spices Export Promotion 

Council to the Board.—(1) On and from the commencement of this Act,— 

(a)  all  properties  and  other  assets  vested  in  the  Cardamom  Board  and  the  Spices  Export 

Promotion Council immediately before such commencement shall vest in the Board; 

(b)  all  debts,  obligations  and  liabilities  incurred,  all  contracts  entered  into  and  all  matters  and 
things  engaged  to  be  done  by,  with,  or  for  the  Cardamom  Board  or  the  Spices  Export  Promotion 
Council  immediately  before  such  commencement  for  or  in  connection  with  the  purposes  of  the 
Cardamom  Board  or  the  Spices  Export  Promotion  Council  shall  be  deemed  to  have  been  incurred, 
entered into and engaged to be done by, with, or for the Board; 

(c)  all  sums  of  money  due  to  the  Cardamom  Board  or  the  Spices  Export  Promotion  Council 

immediately before such commencement shall be deemed to be due to the Board; 

(d)  all  suits  and  other  legal  proceedings  instituted  or  which  could  have  been  instituted  by  or 
against  the  Cardamom  Board  or  the  Spices  Export  Promotion  Council  immediately  before  such 
commencement may be continued or instituted by or against the Board; and 

(e)  every  employee  holding  any  office  under  the  Cardamom  Board  or  the  Spices  Export 
Promotion Council immediately before such commencement shall on such commencement hold his 
office or service under the Board with the same rights and privileges as to pension, gratuity and other 
matters as would have been admissible to him if there had been no such vesting; and shall continue to 
do so unless and until his employment under the Board is duly terminated or until his remuneration 
and other conditions of service are duly altered by the Board. 

(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any 
other law for the time being in force, the absorption of any employee by the Board in its regular service 
under this section shall not entitle such employee to any compensation under that Act or other law and no 
such claim shall be entertained by any court, tribunal or other authority. 

7. Functions of the Board.—(1) The Board may— 

(i) develop, promote and regulate export of spices; 

(ii) grant certificate for export of spices and register brokers therefor; 

(iii) undertake programmes and projects for promotion of export of spices; 

(iv) assist and encourage studies and research for improvement of processing, quality, techniques 

of grading and packaging of spices; 

(v) strive towards stabilisation of prices of spices for export; 

(vi)  evolve  suitable  quality  standards  and  introduce  certification  of  quality  through  “Quality 

Marking” for spaces for export; 

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(vii) control quality of spices for export; 

(viii)  give  licences,  subject  to  such  terms  and  conditions  as  may  be  prescribed,  to  the 

manufacturers of spices for export; 

(ix) market any spice, if it considers necessary, in the interest of promotion of export; 

(x) provide warehousing facilities abroad for spices; 

(xi) collect statistics with regard to spices for compilation and publication; 

(xii) import, with the previous approval of the Central Government, any spice for sale; and 

(xiii) advise the Central Government on matters relating to import and export of spices. 

(2) The Board may also— 

(i) promote co-operative efforts among growers of cardamom; 

(ii) ensure remunerative returns to growers of cardamom; 

(iii) provide financial or other assistance for improved methods of cultivation and processing of 

cardamom, for replanting cardamom and for extension of cardamom growing areas; 

(iv) regulate the sale of cardamom and stabilisation of prices of cardamom; 

(v) provide training in cardamom testing and fixing grade standards of cardamom; 

(vi) increase the consumption of cardamom and carry on propaganda for that purpose; 

(vii) register and licence brokers (including auctioneers) of cardamom and persons engaged in the 

business of cardamom; 

(viii) improve the marketing of cardamom; 

(ix) collect statistics from growers, dealers and such other persons as may be prescribed on  any 
matter relating to the cardamom industry; publish statistics so collected or portions thereof or extracts 
therefrom; 

(x)  secure  better  working  conditions  and  the  provision  and  improvement  of  amenities  and 

incentives for workers; and 

(xi) undertake, assist or encourage scientific, technological and economic research. 

CHAPTER III 

REGISTRATION OF OWNERS OF CARDAMOM ESTATES 

8. Registration of owners of cardamom estates.—(1) Every owner of land planted with cardamom 
plants, whether such land is comprised in one estate or more than one estate, shall, before the expiration 
of  one  month  from  the  date  on  which  he  first  became  owner  of  such  estate  or  estates,  apply  to  the 
registering  officer  appointed  in  this  behalf  by  the  State  Government  to  be  registered  as  an  owner  in 
respect of each estate owned by him: 

Provided that the State Government may, for sufficient reasons, extend the time-limit for registration 

by such period as it thinks fit. 

(2) Registration once made shall continue to be in force until it is cancelled by the registering officer. 

9. Power of State Government to make rules.—(1) The State Government may, by notification in 

the Official Gazette, make rules to carry into effect the provisions of section 8. 

(2) Without prejudice to the generality of the foregoing power, such rules may prescribe the form of 
the application for registration and for cancellation of registration, the fee payable on such applications, 
the particulars to be included in such application, the procedure to be followed in granting and cancelling 
registration,  the  registers  to  be  kept  by  registering  officers  and  the  supply  by  registering  officers  of 
information to the Board. 

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10. Returns to be made by registered owners.—(1) A registered owner shall furnish returns to the 

Board in such form, at such times and in such manner as may be prescribed. 

(2) The Board may authorise an officer to visit any estate at any time to verify the accuracy of any 

return made under this section or to ascertain the productive capacity of the estate. 

CHAPTER IV 

CERTIFICATE FOR EXPORT OF SPICES 

11.  No  person  to  export  spices  without  certificate.—Save  as  otherwise  provided  in  this  Act,  no 
person shall, after the commencement of this Act, commence or carry on the business of export of any 
spice except under and in accordance with a certificate: 

Provided  that  a  person  carrying  on  the  business  of  export  of  spices  immediately  before  the 
commencement  of  this  Act,  may  continue  to  do  so  for  a  period  of  three  months  from  such 
commencement;  and  if  he  has  made  an  application  for  such  certificate  within  the  said  period  of  three 
months till the disposal of such application. 

Explanation.—The reference in this section to the commencement of this Act shall be construed in 
relation to any spice added to the Schedule by notification under the proviso to clause (n) of section 2 as 
reference to the date with effect from which such spice is added to the Schedule. 

12. Grant of certificate.—(1) An application for grant of certificate shall be made to the Board in 
such form and shall contain such particulars as may be prescribed and shall be accompanied by a receipt 
evidencing the payment of the prescribed fee. 

(2) On receipt of such application, the Board shall— 

(a)  if  the  application  is  not  in  the  prescribed  form  or  does  not  contain  any  of  the  prescribed 

particulars, return the application to the applicant; or 

(b) if the application is in the prescribed form and contains the prescribed particulars, grant the 

certificate subject to such terms and conditions as may be determined by regulations. 

13. Cancellation, suspension; etc. of certificate.—(1) The Board may cancel any certificate on any 

one or more of the following grounds, namely:— 

(a) that the holder of the certificate has violated any of the terms and conditions of the certificate; 

and 

(b) that in the opinion of the Central Government it is necessary in the interests of general public 

to cancel the certificate. 

(2) Where the Board, for reasons to be recorded in writing, is satisfied that pending consideration of 
the question of cancelling the certificate on any grounds mentioned in sub-section (1), it is necessary so to 
do,  the  Board  may,  by  order  in  writing,  suspend  the  operation  of  the  certificate  for  such  period  not 
exceeding forty-five days as may be specified in the order and require the holder of the certificate to show 
cause,  within  fifteen  days  from  the  date  of  receipt  of  such  order,  as  to  why  the  suspension  of  the 
certificate  should  not  be  extended  till  the  determination  of  the  question  as  to  whether  the  registration 
should be cancelled. 

(3)  No  order  of  cancellation  of  registration  under  this  section  shall  be  made  unless  the  person 
concerned  has  been  given  a  reasonable  opportunity  of  being  heard  in  respect  of  the  grounds  for  such 
cancellation. 

14. Appeal.—(1) Any person aggrieved by an order made under section 13 may prefer an appeal to 

the Central Government within such period as may be prescribed. 

(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: 

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Provided  that  an  appeal  may  be  admitted  after  the  expiry  of  the  period  prescribed  therefor  if  the 
appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within 
the prescribed period. 

(3) Every appeal made under this section shall be made in such form and shall be accompanied by a 

copy of order appealed against and by such fees as may be prescribed. 

(4) The procedure for disposing of an appeal shall be such as may be prescribed: 

Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of 

being heard. 

(5) The Central Government may confirm, modify or reverse the order appealed against. 

15. Power to permit export without certificate.—The Central Government may, if satisfied that it 
is necessary or expedient, so to do, in public interest, by notification in the Official Gazette and subject to 
such  conditions,  if  any,  as  may  be  specified  therein, permit  any  body  or  other agency  to  commence  or 
carry on the business of export of spices without a certificate. 

CHAPTER V  

CONTROL BY THE CENTRAL GOVERNMENT 

16. Power to control price and distribution of cardamom.—(1) The Central Government may, by 

order notified in the Official Gazette, fix in respect of cardamom of any description specified therein— 

(a) the maximum price or the minimum price, or the maximum and minimum prices, which may 
be charged by a grower of cardamom or cardamom dealer, wholesale or retail, whether for the Indian 
market or for export; and 

(b) the maximum quantity which may in one transaction be sold to any person. 

(2) Without prejudice to the generality of the powers conferred by sub-section (1), any order made 

thereunder may provide— 

(a)  for  requiring  persons  engaged  in  the  production,  supply  or  distribution  of,  or  trade  and 
commerce  in,  cardamom  to  maintain  and  produce  for  inspection  such  books,  accounts  and  records 
relating to their business and to furnish such information relating thereto as may be specified in the 
order; and 

(b) for such other matters, including in particular the entering and search of premises, vehicles, 
vessels  and  aircraft,  and  the  seizure  by  a  person  authorised  to  make  such  search,  of  cardamom  in 
respect of which such person has reason to believe that a contravention of the order has been, is being 
or is about to be, committed. 

17. Power to prohibit or control import of cardamom.—The Central Government may, by order 
published in the Official Gazette, make provision for prohibiting, restricting or otherwise controlling the 
import of cardamom, either generally or in specified classes of cases. 

18. Power of the Central Government to issue directions.—(1) Without prejudice to the foregoing 
provisions  of  this  Act,  the  Board  shall,  in  the  discharge  of  its  functions  and  duties  under  this  Act,  be 
bound by such directions on questions of policy as the Central Government may give in writing to it from 
time to time: 

Provided  that  the  Board  shall,  as  far  as  practicable,  be  given  an  opportunity  to  express  its  views 

before any direction is given under this sub-section. 

(2) The decision of the Central Government whether a question is one of policy or not shall be final. 

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19.  Power  of  the  Central  Government  to  supersede  the  Board.—(1)  If  at  any  time  the  Central 

Government is of opinion— 

(a) that on account of grave emergency, the Board is unable to discharge the functions and duties 

imposed on it by or under the provisions of this Act; or 

(b)  that  the  Board  has  persistently  made  default  in  complying  with  any  direction  issued  by  the 
Central Government under this Act or in the discharge of the functions and duties imposed on it by or 
under the provisions of this Act and as a result of such default the financial position of the Board or 
the administration of the Board has deteriorated; or 

(c) that circumstances exist which render it necessary in the public interest so to do, 

the  Central  Government  may,  by  notification  in  the  Official  Gazette,  supersede  the  Board  for  such 

period, not exceeding six months, as may be specified in the notification. 

(2) Upon the publication of a notification under sub-section (1) superseding the Board,— 

(a) all the members shall, as from the date of supersession, vacate their offices as such; 

(b)  all  the  powers,  functions  and  duties  which  may,  by  or  under  the  provisions  of  this  Act,  be 

exercised  or  discharged  by  or  on  behalf  of  the  Board,  shall  until  the  Board  is  reconstituted  under   
sub-section (3),  be  exercised  and  discharged  by  such  person  or  persons  as the Central  Government 
may direct; and 

(c)  all  property  owned  or  controlled  by  the  Board  shall,  until  the  Board  is  reconstituted  under  

sub-section (3), vest in the Central Government. 

(3)  On  the  expiration  of  the  period  of  supersession  specified  in  the  notification  issued  under           

sub-section (1), the Central Government may reconstitute the Board by a fresh appointment and in such 
case  any  person  or  persons  who  vacated  their  offices  under  clause  (a)  of  sub-section  (2),  shall  not  be 
deemed disqualified for appointment: 

Provided  that  the  Central  Government  may,  at  any  time,  before  the  expiration  of  the  period  of 

supersession, take action under this sub-section. 

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of 
any action taken under this section and the circumstances leading to such action to be laid before each 
House of Parliament at the earliest. 

CHAPTER VI 

FINANCE, ACCOUNTS AND AUDIT 

20.  Grants  and  loans  by  the  Central  Government.—The  Central  Government  may,  after  due 
appropriation made by Parliament by law, in this behalf, make to the Board grants and loans of such sums 
of money as that Government may consider necessary. 

21. Board Fund.—(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 

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(c) expenses on objects and for purposes authorised by this Act. 

22. Budget.—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. 

23. Annual report.—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. 

24. Accounts and audit.—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. 

25. Annual report and auditors’ report to be laid before Parliament.—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. 

CHAPTER VII 

MISCELLANEOUS 

26.  Penalty  for  making  false  returns.—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 punishable with fine which may 
extend to five hundred rupees. 

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.—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  punishable  with  imprisonment  which  may  extend  to  six  months,  or  with  fine  which  may 

extend to one thousand rupees, or with both.  

28.  Penalty  for  contravention  of  order  relating  to  control  of  price,  etc.—(1)  If  any  person 
contravenes any order made under section 16, he shall be punishable with imprisonment for a term which 
may extend to six months, or with fine which may extend to one thousand rupees, or with both; and the 
property in respect of which the order has been contravened or such part thereof as the Court may deem 
fit, shall be forfeited to the Central Government. 

(2) Any person who attempts to contravene, or abets the contravention of, any order under section 16 

shall be deemed to have contravened that order. 

29. Penalties for contravention of section 11 or any order made under section 17.—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 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. 

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30. Other penalties.—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 
punishable  with  imprisonment  which  may  extend  to  six  months,  or  with fine  which  may  extend to  one 
thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which 
may extend to fifty rupees for every day during which such contravention continues after conviction for 
the first such contravention. 

31.  Offences  by  companies.—(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. 

32. Provisions of Act 52 of 1962 to apply to export of spices and import of cardamom.—(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. 

33.  Previous  sanction  of  the  Central  Government.—No  prosecution  for  any  offence  punishable 

under this Act shall be instituted except with the previous sanction of the Central Government. 

34. Delegation.—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. 

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). 

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. 

11 

 
37.  Power  to  enter.—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. 

38. Power to make rules.—(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; 

(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. 

39.  Power  to  make  regulations.—(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. 

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40.  Rules  and  regulations  to  be  laid  before  Parliament.—Every  rule  and  every  regulation  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 
both Houses agree that the rule or regulation should not be made, the rule or regulation 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. 

41. Power to remove difficulties.—(1) If any difficulty arises  in giving effect to the provisions of 
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions 
not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: 

Provided  that  no  order  shall  be  made  under  this  section  after  the  expiry  of  two  years  from  the 

commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

42. Repeal and savings.—(1) Sections 3 to 33 of the Cardamom Act, 1965 (42 of 1965) are hereby 

repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said 
Act shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to 
have been done or taken under the provisions of this Act as if the said provisions were in force when such 
thing  was  done  or  such  action  was  taken  and  shall  continue  in  force  accordingly  until  superseded  by 
anything done or any action taken under this Act. 

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THE SCHEDULE 

[See section 2 (n)] 

1. Cardamom 

2. Pepper 

3. Chilly 

4. Ginger 

5. Turmeric 

6. Coriander 

7. Cumin 

8. Fennel 

9. Fenugreek 

10. Celery 

11. Aniseed 

12. Bishopsweed 

13. Caraway 

14. Dill 

15. Cinnamon 

16. Cassia 

17. Garlic 

18. Curry leaf 

19. Kokam 

20. Mint 

21. Mustard 

22. Parsley 

23. Pomegranate seed 

24. Saffron 

25. Vanilla 

26. Tejpat 

in  any  form  including  curry  powders,  spice  oil,  oleoresins  and  other  mixtures  where  spice  content  is     
pre-dominant. 

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