5. Establishment and constitution of Central Advisory Council and its
functions.- (1) For the purpose of advising it on matters concerning the
development and regulation of scheduled industries, the Central Government
may, by notified order, establish a Council to be called the Central Advisory
Council.
(2) The Advisory Council shall consist of a Chairman and such other members,
not exceeding thirty in number, all of whom shall be appointed by the Central
Government from among persons who are in its opinion capable of representing
the interests of-
(a) owners of industrial undertakings in scheduled industries;
(b) persons employed in industrial undertakings in scheduled industries;
(c) consumers of goods manufactured or produced by scheduled industries;
(d) such other class of persons including primary producers, as in the opinion of
the Central Government, ought to be represented on the Advisory Council.
(3) The term of office of, the procedure to be followed in the discharge of their
functions by, and the manner of filling casual vacancies among, members of the
Advisory Council, shall be such as may be prescribed.
(4) The Central Government shall consult the Advisory Council in regard to-
(a) the making of any rules, other than the first rules to be made under subsection(3); and may consult the Advisory Council in regard to any other matter
connected with the administration of this Act in respect of which the Central
Government may consider it necessary to obtain the advice of the Advisory
Council.
6. Establishment and constitution of Development Councils and their
functions - (1)The Central Government may, by notified order, establish for any
scheduled industry or group of scheduled industries, a body of persons to be
called a Development Council which shall consist of members who in the opinion
of the Central Government are-
(a) persons capable of representing the interests of owners of industrial
undertakings in the scheduled industry or group of scheduled industries;
(b) persons having special knowledge of matters relating to the technical or other
aspects of the scheduled industry or group of scheduled industries;
(c) persons capable of representing the interests of persons employed in
industrial undertakings in the scheduled industry or group of scheduled
industries;
(d) persons not belonging to any of the aforesaid categories, who are capable of
representing the interests of consumers of goods manufactured or produced by
the scheduled industry or group of scheduled industries.
(2) The number and the term of office of, and the procedure to be followed in the
discharge of their functions by, and the manner of filling casual vacancies among
members of a Development Council shall be such as may be prescribed.
(3) Every Development Council shall be, by virtue of this Act, a body corporate by
such name as may be specified in the notified order establishing it, and may hold
and transfer property and shall by the said name sue and be sued.
(4) A Development Council shall perform such functions of a kind specified in the
Second Schedule as may be assigned to it by the Central Government and for
whose exercise by the Development Council it appears to the Central
Government expedient to provide in order to increase the efficiency or
productivity in the scheduled industry or group of scheduled industries for which
the Development Council is established, to improve or develop the service that
such industry or group of industries renders or could render to the community, or
to enable such industry or group of industries to render such service more
economically.
(5) A Development Council shall also perform such other functions as it may be
required to perform by or under any other provision of this Act.
7. Reports and Accounts of Development Councils.- (1) A Development
Council shall prepare and transmit to the Central Government and the Advisory
Council, annually, a report setting out what has been done in the discharge of its
functions during the financial year last completed.
(2) The Report shall include a statement of the account of the Development
Council for that year, and shall be transmitted as soon as accounts therefor have
been audited, together with a copy of any report made by the auditors on the
accounts.
(3) The statement of account shall be in such form as may be prescribed being a
form which shall conform to the best commercial standards, and the statement
shall show the total of remuneration and allowances paid during the year to
members and officers of the Council.
(4) A copy of each such report of a Development Council, or made by the
auditors on its accounts, shall be laid before Parliament by the Central
Government.
8. Dissolution of Development Council - (1) The Central Government may, if it
is satisfied that a Development Council should cease to continue in being, by
notified order, dissolve that Development Council.
(2) On the dissolution of a Development Council under sub-section (1), the
assets of the Development Council, after its liabilities, if any, are met therefrom,
shall vest in the Central Government for the purposes of this Act.
9. Imposition of cess on scheduled industries in certain cases - (1) There
may be levied and collected as a cess for the purposes of this Act on all goods
manufactured or produced in any such scheduled industry as may be specified in
this behalf by the Central Government by notified order a duty of excise at such
rate as may be specified in the notified order, and different rates may be
specified for different goods or different classes of goods:
Provided that no such rate shall in any case exceed two annas per cent of the
value of the goods.
Explanation.- In this sub-section, the expression Avalue@ in relation to any
goods shall be deemed to be the wholesale cash price for which such goods of
the like kind and quality are sold or are capable of being sold for delivery at the
place of manufacture and at the time of their removal therefrom, without any
abatement or deduction whatever except trade discount and the amount of duty
then payable.
(2) The cess shall be payable at such intervals, within such time and in such
manner as may be prescribed, and any rules made in this behalf may provide for
the grant of a rebate for prompt payment of the cess.
(3) The said cess may be recovered in the same manner as an arrear of land
revenue.
(4) The Central Government may hand over the proceeds of the cess collected
under this section in respect of the goods manufactured or produced by any
scheduled industry or group of scheduled industries to the Development Council
established for that industry or group of industries, and where it does so, the
Development Council shall utilise the said proceeds -
(a) to promote scientific and industrial research with reference to the scheduled
industry or group of scheduled industries in respect of which the Development
Council is established;
(b) to promote improvements in design and quality with reference to the products
of such industry or group of industries;
(c) to provide for the training of technicians and labour in such industry or group
of industries;
(d) to meet such expenses in the exercise of its functions and its administrative
expenses as may be prescribed.