JMDC Procedural Rules
G.S.R. 658(E) - In exercise of the powers conferred by section 25
of the Jute Manufactures Development Council Act, 1983 (27 of 1983),
the Central Government hereby makes the following rules, namely
(1) Short title: - These rules may be called the Jute
Manufactures Development council (Procedural) Rules, 1984.
(2) Commencement - They shall come into force on the date of
their publication in the Official Gazette
(3) Definitions - In these rules, unless the context otherwise
(a) "Act" means the Jute Manufactures Development Council
Act, 1983 (27 of 1983) (b) "Vice-Chairman" means the
Vice-Chairman of the Council elected in accordance with sub-section
(5) of section 3 of the Act;
(c) "member" means a member of the Council and includes
the Chairman and the Vice- Chairman.
(d) "Secretary" means the principal officer of the
Council appointed under rule 6 of these rules to carry on the
functions of Secretary of the Council.
(e) "Jute Fund" means the fund created under sub-section
(1) of section 10 of the Act.
(4) Powers and Functions of the Chairman - (1) Subject to
the provisions of the Act and the rules framed thereunder, the
Chairman shall be responsible for the day-to-day functioning of the
(5) Powers & functions of the Vice-Chairman-
(a) The Vice-Chairman shall preside over the meetings of the
Council in the absence of the Chairman.
(b) If a casual vacancy occurs in the office of the Vice Chairman
on account of his resignation or his ceasing to be a member or
otherwise, the Council shall elect at its next meeting another
member as the Vice-Chairman who shall hold office for the unexpired
period of the term of office of the previous Vice-Chairman.
(6) Powers and duties of the Secretary.-
(a) The Secretary shall be appointed by the Council with the
approval of the Central Government.
(b) The Secretary shall be the principal officer of the Council and
shall work under the supervision of the Chairman
(c) It shall be the duty of the Secretary to:-
(i) implement all decisions taken by the Council
(ii) co-ordinate and supervise the work of the other officers and
the establishments of the Council
(iii) convene under the directions of the Chairman meetings of the
(iv) maintain the minute books containing a record of the business
transacted by the council;
(v) furnish to the Central Government all reports, returns and
other necessary documents required to be furnished to that
Government by the Act
(vi) prepare every year the Budget Estimates and Accounts of the
Council for the council approval.; Sanction re-appropriation of
grants under such powers as may be delegated by the council and
within such limits as maybe specified by it;
(vii) administer the provident fund of the council ;
(viii) undertake such other duties and exercise from time to time
entrusted or delegated to him by the Council or the Chairman.
(7) Tenure of appointment of member;- (1) Subject to the
provisions of sub-rule (2), a member of the Council shall hold
Office for a period of two years.
It shall be competent for the Central Government to appoint another
person in the place of a member appointed under sub-section (4) of
section 3 of the Act before the completion of two years if it is-of
opinion that such member has ceased to represent the interests he
was appointed to represent.
(8) Resignation of member -
(1) A member of the Council may resign his office by writing a
letter under his hand addressed to the Chairman of the Council.
(2) The office of a member shall roll vacant from the date on which
his resignation is accepted by the Government or on the expiry of 30
(thirty) days from the date of receipt of resignation whichever is
(9) Absence of members from India. - If a member intends to
leave India for more than one monthly he shall intimate the Chairman
the date of his departure and the date of his expected return to
India and if such member intends to be absent from India for a
period longer than 6 (six) months he shall tender his resignation.
(10) Cessation of membership -
(1) A member shall cease to be a member if he fails to attend three
consecutive meetings of the Council without leave of the Chairman.
(2) A member shall cease to be a member,-
(i) if he becomes of unsound mind and is declared so by a competent
(ii) if he is an undischarged insolvent, or
(iii) if he is convicted of an offence involving moral turpitude.
(11) Filling of casual vacancy of members -
(1) Any casual vacancy in the membership of the Council by any
reason shall be filled by appointment by the Central Government.
(2) A member appointed to fill a casual vacancy shall hold office
for so long as the member, whose place he fills, would have been
entitled to hold office if the vacancy had not occurred.
(12) Appointment of substitutes. - Should a person,
appointed as member of the Council, be prevented from attending a
meeting of the Council, a substitute to take his place may be
appointed by the Central Government, Such substitute shall have
rights and privileges as a member for that meeting only.
(13) Change of address - A member shall keep the Secretary
informed of any change in his address and on failure to inform the
change of his address, the address given in the first instance shall
for all purposes be deemed to be his correct address.
(14) Procedure for meetings of the Council.-
(1) Not less than one meeting of the Council shall be held in each
(2) The Chairman may, at any time, convene a meeting of the
Provided that it shall be the duty of the Chairman to convene a
meeting of the Council if a requisition for such meeting is
presented to him in writing by at least eleven members.
Provided further that it shall be competent for the Central
Government to require the Chairman to convene a meeting at any time.
Provided further that in cases of emergency, a special meeting may
be summoned at any time by the Chairman who shall inform in advance
the Government of India and members of the subject matter for
discussion and the reasons for which he considers it urgent. No
other business shall be transacted at such special meeting
(3) The Secretary shall, with the approval of the Chairman, or, in
the absence of the Chairman, the Vice-Chairman, fix the date, time
and place of every meeting of the Council and issue notice of the
meeting giving at least ten clear days' notice.
(4) The Secretary shall, with the approval of the Chairman, or in
the absence of Chairman, the Vice Chairman, prepare and circulate
amongst the members, at least seven days before a meeting of the
Council, a list of the business to be transacted at such meeting. No
business, not included in the Agenda shall be considered at a
meeting of the Council, without permission of the Chairman of the
meeting. If any member desires to suggest any subject for discussion
by the Council, he shall give at least ten clear days' notice.
(5) The Chairman, or in his absence, the Vice-Chairman shall
preside over the meetings of the Council:
(6) Provided that where both the Chairman and the Vice-Chairman are
absent, the members present shall elect a member from among
themselves to preside over the meetings.
(7) One-third of the total number of members of the Council but not
less than seven members present shall form 1 quorum at a meeting of
In case of different of opinion amongst the members of the Council
present at a meeting, the opinion of the majority shall prevail.
Each member of the Council shall have one vote. In case of any
equality of votes, the Chairman, or the Vice-Chairman, or in the
absence of both, the member presiding over such meeting shall have a
second or a casting vote.
(8) Any proposal, which the Council is required to consider, may be
referred to all its members either at its meeting or by circulation
among all its members and any proposal so circulated and approved by
a majority of members shall be as effectual and binding as if such
proposal had been passed at a meeting of the Council.
Provided that at least one third of the total number of members of
the Council have recorded their views on the proposal. When business
is transacted by circulation of papers, a record of business so
transacted shall be signed by the Chairman or the Vice-Chairman of
the Council. (9) A record shall be maintained of all business
transacted by the Council, and copies of such record shall be
submitted to the Central Government. The record of business
transacted at 1 meeting of the Council shall be signed by the
Chairman presiding over such meeting.
(15) Validity of the acts and proceedings. - No act or
proceedings of the Council shall be invalid or questioned on the
ground merely of any vacancy in, or any defect in the constitution
of the Council.
(16) Powers of the Council:
(1) Power of appointment. - Subject to the Provisions
(2) Of section 6 of the Act the Council may create new Posts and
make appointments thereto as may be necessary for the efficient
performance of its functions, provided that no Posts carrying the
maximum salary beyond Rupees 19300 per mensem shall be create or
filled without the previous approval of the Central Government.
(3) Others Powers:
(i) Subject to the provisions of rule 18y the Council may, by
resolution, sanction any expenditure or enter into any contract
involving expenditure from the Fund in the Discharge of its
functions under the Act:
Provided that the Council shall not sanction any expenditure or
enter into any contract involving expenditure in excess of the
Provided further that the Council shall not enter into any contract
involving any expenditure in excess of two lakhs of rupees, or
extending over a period of five years without the previous approval
of the Central government.
(ii) The Council shall have Power to write off, in any individual
case, losses up to five thousand rupees.
(iii) The Council may incur expenditure outside India up to an
amount not exceeding ten thousand
(IV) rupees on each individual item subject to the provisions of
(17) Register of members :
(1) The Secretary shall maintain a register in which the name and
address of each member of the Council shall be entered.
(2) The names and addresses of members of Committees Shall be kept
in a separate register.
(3) If a member of the Council or any his address he shall notify
his new address to the Secretary and the Secretary shall amend the
relevant entry in the register accordingly.
(18) Annual Budget Estimates :
(a) Preparation and submission:
The Council shall in each year prepares in such manner as the
Central Government may from time to time direct, budget estimates
for the ensuring financial year and revised estimates for the
current year and shall submit them for the approval of the Central
Government on or before such dates as may be fixed by that
Government. The budget as approved by the Central Government shall
be the sanctioned budget for the year. (b) Re-appropriation:
(i) If the Council funds in the course of the year that there is
likely to be an excess of expenditure over the sanctioned budget
estimate under any head, it shall examine the allotment each head of
the budget estimate with the object of finding probable savings
under any other head and effecting a re-appropriation. Where such
re-appropriation is feasible, it may sanction the re-appropriation
subject to such conditions as may be laid down by the Central
Government from time to time.
(ii) Funds shall not be re-appropriated to meet expenditure on a
new service not contemplated in the budget estimates except with the
prior approval of the Central Government.
(19) Maintenance and operation of Bank Accounts and
Investment of Funds of the Council
(1) All moneys received by the Council shall as soon, as possible
be deposited in the State Bank of India or such other Nationalised
Banks as may be approved by the Council, and shall not be utilised
for any purpose other than the purposes of the Act.
(2) All payments by or on behalf of the Council shall be made by
cheques except for amounts not exceeding ordinarily Rs. 1000 and
extraordinarily Rs. 2500 under special sanction of the Secretary,
which may be paid in cash.
(3) Such cheques and all orders for making deposits or investments
or for the withdrawal of the same shall be signed jointly by the
Secretary and by the chief accounts officer, or by any two officers
authorised by the Council, in this behalf.
(4) No payment shall be made out of the funds of the Council unless
the expenditure is covered by the sanctioned budget.
(5) All payments by the Council shall be made on bills or other
documents duly prepared and passed by the Secretary or other officer
authorised by the Council in this behalf. The paid vouchers shall be
stamped "Paid" or so cancelled that they cannot be used a
(6) All funds not required for current expenditure may be placed in
fixed deposit with such Banks as the Central Government may approve.
The placing of money in fixed deposit and the disposal of money so
placed shall require the sanction of the Chairman or in his absence,
(20) Sending persons abroad - The Council shall not send any
member of the Council or any of its officer or employees to places
outside India without the previous sanction of the Central