No: 37 Dated: Sep, 15 1987

National Dairy Development Board Act, 1987

(Act No 37 of 1987)

    An Act to declare the institution known as the National Dairy Development Board in the State of Gujarat to be an institution of national importance and to provide for its incorporation and for the vesting in that body corporate of the undertakings of the Indian Dairy Corporation with a view to provide for the administration and the carrying on of the functions to be performed by the body corporate more effectively throughout the country and for matters connected therewith and incidental thereto.

    WHEREAS the National Dairy Development Board, a society formed and registered under the Societies Registration Act, 1860 (21 of 1860) has been serving the country by the adoption of a co-operative strategy, being a strategy evolved at Anand (Gujarat), for the economic development of the rural masses and has been playing a vital role in improving the quality of life of the people through co-operative effort;

    AND WHEREAS the objects of the National Dairy Development Board are such as to make it an institution of national importance and to constitute it as a body corporate;

    AND WHEREAS the functions of the Indian Dairy Corporation, a company formed and registered under the Companies Act, 1956 (1 of 1956), and the functions of the National Dairy Development Board are complementary to each other and aimed at achieving common objectives;

    AND WHEREAS it is necessary that the freedom and flexibility of operation hitherto available to the National Dairy Development Board should continue to be available to it so as to enable it to perform its functions more effectively and to play a wider and increasingly important role in serving the nation;

    AND WHEREAS it is considered necessary to vest the undertakings of the Indian Dairy Corporation in the National Dairy Development Board and to dissolve the said Corporation with a view to provide for the administration and the carrying on of the functions to be performed by the body corporate more effectively.

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

CHAPTER I

PRELIMINARY

1. Short title and commencement.—(1) This Act may be called the National Dairy Development Board Act, 1987.

(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

2. Declaration of National Dairy Development Board as an institution of national importance.—Whereas the objects of the National Dairy Development Board at Anand in the State of Gujarat are such as to make the institution one of national importance, it is hereby declared that the National Dairy Development Board is an institution of national importance.

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

(a) “appointed day” means the date of commencement of this Act;

(b) “Board” means the Board of Directors of the National Dairy Development Board;

(c) “Chairman” means the Chairman of the National Dairy Development Board;

(d) “Companies Act” means the Companies Act, 1956 (1 of 1956);

(e) “director” means a director of the National Dairy Development Board, and includes the Chairman;

(f) “foodstuffs” means such of the foodstuffs as are included in the definition of essential commodities as contained in clause (a) of section 2 of the Essential Commodities Act, 1955 (10 of 1955);

(g) “Indian Dairy Corporation” means the Indian Dairy Corporation, a company formed and registered under the Companies Act, and having its registered office at Baroda in the State of Gujarat.

(h) “milk product” means—

(i) sterilised, standardised, recombined, toned, double-toned, skimmed, flavoured or acidified milk;

(ii) ice-cream;

(iii) cream;

(iv) cheese;

(v) butter;

(vi) milk powders;

(vii) weaning foods with milk and infant milk foods;

(viii) malted milk foods with or without cocoa powder;

(ix) ghee;

(x) anhydrous milk fat and butter oil;

(xi) casein;

(xii) any other product containing milk or all or any of the milk products specified above which the Central Government may, by notification in the Official Gazette, specify in this behalf;

(i) “National Dairy Development Board” means the National Dairy Development Board incorporated under section 4;

(j) “prescribed” means prescribed by regulations made under this Act

(k) “restructuring and streamlining”, in relation to the organisational and functional set-up of the National Dairy Development Board, includes—

(i) opening or closing of units or offices;

(ii) revision of the organisational and functional set-up;

(iii) declaration of staff required;

(iv) integration of posts, fixation of seniority and pay scales;

(v) integration of required personnel in the revised set-up and issuance of appointment orders in that behalf;

(vi) declaration or demarcation of duties and responsibilities attendant to posts; (vii) declaration of posts equivalent to one another; and

(viii) any other matter that may be necessary of incidental to meet the organisational or functional needs of the National Dairy Development Board;

(l) “society” means the National Dairy Development Board, a society formed and registered under the Societies Registration Act, 1860 (21 of 1860) and functioning as such immediately before the appointed day; (m) words and expressions used herein and not defined, but defined in the Companies Act, have the meanings respectively assigned to them in that Act.

CHAPTER II

THE NATIONAL DAIRY DEVELOPMENT BOARD

4. Incorporation of National Dairy Development Board.—(1) The National Dairy Development Board is hereby constituted a body corporate by the same name, and as such body corporate, it shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue and be sued.

(2) The head office of the National Dairy Development Board shall be at Anand in the State of Gujarat.

(3) The National Dairy Development Board may establish units, offices, branches or agencies at any such place in or outside India as it may consider necessary.

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