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The Tobacco Board Act

32Power of Central Government to make rules

(1) The Central Government may, by notification in the Official Gazette, 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 powers and functions of the Vice-Chairman of the Board;

(b) the term of office and other conditions of service of members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, members;

(c) the powers which may be exercised and the duties which shall be performed by the Executive Director and the Secretary;

(d) the circumstances in which and the authority by which a member may be removed;

(e) the holding of a minimum number of meetings of the Board every year;

(f) the procedure to be followed at the meetings of the Board for the conduct of business and the number of members which shall form a quorum at a meeting;

(g) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government;

1[(ga) the specifications with regard to grading work referred to in section 11B;]

(h) the matters referred to in section 14;

2[(hh) the manner of collection of fees under sub-section (2) of section 14A;]

(i) the powers of the Board, its Chairman, the Executive Director and committees of the Board with respect to the incurring of expenditure;

(j) the conditions subject to which the Board may incur expenditure outside India; 3[(ja) the amounts for the purposes of the proviso to section 18A;]

(k) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned;

(l) the form and manner in which the accounts should be maintained by the Board;

(m) the deposit of the funds of the Board in banks and the investment of such funds;

(n) the conditions to be observed by the Board in borrowing money;

(o) the conditions subject to which, and the manner in which, contracts may be entered into by or on behalf of the Board;

(p) the additional matters in respect of which the Board may undertake measures in the discharge of its functions;

(q) the remuneration and other allowances payable to the person or persons referred to in clause (b) of sub-section (2) of section 9;

(r) the form and manner of, and the particulars to be contained in, any returns or reports to be made to the Board under this Act;

(s) the collection of any information or statistics in respect of tobacco or tobacco products;

(t) any other matter which has to be, or may be, prescribed by, or provided for by rules under, this Act.

(3) Every rule made under this section 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 both Houses agree that the rule should not be made, the rule 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.

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1 Ins. by Act 57 of 1985, s. 12 (w.e.f. 1-12-1985).

2 Ins. by Act 36 of 1978, s. 6 (w.e.f. 30-8-1978).

3 Ins. by Act 57 of 1985, s. 12 (w.e.f. 1-12-1985).

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