PRODUCE CASES ACT, 1966

Preamble

THE PRODUCE CASES ACT, 1966

[Act, No. 15 of 1966]

[21st May, 1966]

PREAMBLE

An Act to provide for the imposition of cess on certain produce for the improvement and develop­ments of the methods of cultivation and marketing of produce and for matters connected therewith.

BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:

Section 1. Short title and extent

(1) This Act may be called The Produce Case Act, 1966.

(2) It extends in the whole of Indian.

Section 2. Definitions

(1) In this Act, unless the context otherwise requires.--

(a) "Collector" means the officer appointed1by Central Government to perform in any specified area the duties of a Collector under the provisions of this Act and the rules made thereunder, and includes any officer subordinate to that officer whom he may, by order in writing, authorise to perform his duties under those provisions;

2[x x x x x]

3[(c) "customs airport", "customs port" and "customs station" have the meanings respectively assigned to them in the Customs Act, 1962;]

(d) "Indian Council of Agricultural Research" means the body registered in that name under the Societies Registration Act, 1860;

(e) "lac" includes any form of manufactured or unmanufactured lac other than refuse lac;

(f) "managing agent" has the meaning assigned to it in the Companies Act, 1956;

2[x x x x x]

4[*****]

(j) "prescribed" means prescribed by rules made under this Act;

(k) "produce" means any goods specified in the First Schedule2[x x x]

1. For such appointments see G.S.R. 884, 2. Clauses (b), (g) and (h) omilted by Cotton, Copra and Vegetable Oils Cases (Abolition) Act (4 of 1987), Section 2 w.e.f. 21-3-81. 3. Substituted for former Clause (c) and deemed to have always been so by the Produce Cases (Amendment) Act. 1966 (49 of 1966), Section 2. 4. Clause (i) omitted by Act 30 or 1983. Prior to omission, Clause (i) was as under--. "(i) oil-seed" does not include copra".

Section 3. Imposition of cases

(1) There shall be levied and collected as a cases, for the purposes of this Act, on every produce specified in column 2 of the First Schedule, which is exported from any1[customs station to any place] beyond the limits of India, a duty of customs at such rate, not exceeding the rate specified in the corresponding entry in column 3 thereof as the Central Government may, by notification in the Official Gazette, specify :

Provided that until such rate is specified by the Central Government, the duty of customs shall be levied and collected at the rate specified in the corresponding entry in column 4 of the said Schedule.

2[x x x x x x]

1. Substituted for the words 'customs port to any port' and deemed always to have been so by the Produce Cases (Amendment) Act, 1966 (49 Of 1966), Section 3. 2. Sub-section (2) omitted by Cotton, Copra and Vegetable Oils Cases (Abolition) Act (4 of 1987), Section 3 w.e.f. 21-3-87.

Section 4. Persons who shall be liable to pay duty

Every duty of customs leviable under this Act on any produce shall be payable by the person by whom such produce is exported from India1[x x x x x ].

1. Portion beginning with words "and every duty of excise" and ending with words "consumed or extracted" omitted by Cotton, Copra und Vegetable Oils Cases (Abolition) Act (4 of 1987). Section 4 w.e.f. 27-3-87.

Section 5. Application of proceeds of cases

(1) Anamount equivalent to the proceeds of the duly levied and collected under thisAct, reduced by the cost of collection as determined by the Central Government,together with any moneys, received by the Central Government for the purposes ofthis Act, shall, after due appropriation made by Parliament by law, be utilisedby the Central Government to meet the expenditure incurred in connection withmeasures which, in the opinion of that Government, are necasesary or expedientto promote the improvement, development and marketing of produce.

(2) Inparticular, and without prejudice to the generality of the provisions ofSub-section (1), the proceeds of the duly levied and collected under this Actmay be utilized by the Central Government for all or any of the followingpurposes, namely :--

(a)undertaking, assisting of encouraging, agricultural, industrial, technologicaland economic research, including research on the utilization of the productsobtained from any produce;

(b)supplying technical advice to cultivators, growers and millers;

(c)encouraging the adoption of improved methods of cultivation and storage ofcrops;

(d)producing, testing and distributing improved varieties of crops or assistingsuch work;

(e)assisting in the control of insects and other pests and diseases of the crops,both in the field and in storage;

(f)promoting the improvement of the marketing of produce and the products obtainedtherefrom in India and abroad including the setting up and adoption of gradestandards for the produce and the products obtained therefrom;

(g)collecting statistics from cultivators, growers, dealers and occupiers of millson all relevant matters and promoting improvement in the forecasting of cropsand the preparation of all relevant stastitics relating to the crops and theproducts obtained therefrom;

(h)maintaining, and assisting in the maintenance of, such institutes; farms andstations as the Central Government may consider necasesary;

(i)advising and providing assistance on all matters connected with the improvementof the cultivation of crops (including advising on the best and most suitablevarieties of the crops to be cultivated) and the improvement of the industriesusing the crops and the products-obtained therefrom;

(j)promoting and encouraging the co-operative movement by any connected industry;

(k)adopting such measures as may be practicable for ensuring remunerative returnsto the growers;

(l)organising the establishment of cultivators', growers', millers' and consumers'organisations:

(m)aiding and encouraging the establishment of exhibitions for demonstrating theuses of the produce and the products obtained therefrom;

(n)adopting any other measures which the Central Government may deem to benecasesary or advisable to carry out the purposes of this Act.

(3) Inthis section, "crops" means crops or plants from which any produce isobtained 1 [and "produce" includes cotton].

2 [** *]

1. Inserted byCotton, Copra and Vegetable Oils Cases (Abolition) Act (4 of 1987), Section 5w.e.f. 21-3-87. 2.Section 6 omitted by the Vegetable Oils Cases Act, 1983 (30 of 1983). Section 7(not yet enforced), Section 6 prior to omission was as under--

Section 6. Refund of cases on oils exported from India

There shall be refunded from out of the proceeds of cases levied and collected under this Act, on such conditions as may be prescribed, all sums collected as cases on the quantity of oils exported from India, if such oils have been extracted from oil-seed1[* *] crushed in a mill in India, irrespective of whether, the oil-seed1[* *] is produced in, or imported into India.

1. Words "or Copra" omitted by the Copra Cases Act, 1979 (4 of 1979). Section 20 w.e.f. 1-4-1979".

Section 7. Occupier to supply certain particulars to Collector[Omitted]

(Omitted by the Cotton, Copra and Vegetable Oils Cases (Abolition) Act (4 of 1987), Section 3 (21-3-87)].

Section 8. Delivery of monthly returns[Omitted]

(Omitted by the Cotton, Copra and Vegetable Oils Cases (Abolition) Act (4 of 1987), Section 3 (21-3-87 )].

Section 9. Collection of cases leviable on produce specified in Second Schedule[Omitted]

[Omitted by the Cotton, Copra and Vegetable Oils Cases (Abolition) Act (4 of 1987), Section 3 (21-3-87)].

Section 10. Finality of assessment[Omitted]

[Omitted by the Cotton, Copra and Vegetable Oils Cases (Abolition) Act (4 of 1987), Section 3(21-3-87)].

Section 11. Collection of cases on any produce specified in First Schedule

(1) The Collector shall in respect of any produce specified in the First Schedule which is exported by sea1[or air] assess and collect the duly of customs at the customs port1[or customs air-port.] of export.

(2) Where any produce specified in the First Schedule is exported2[by land or inland water] the duty of customs leviable under this Act on such produce shall be assessed and collected by such authority and in such manner as may be prescribed, and, until so prescribed, such duly of customs shall be levied and collected in accordance with the law in force immediately before the commencement of this Act.

(3) The Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963, may, by rules, specify the conditions and restrictions subject to which--

(a) a refund may be made of the duty of customs levied on any produce specified in the First Schedule which is exported2[by land or inland-water,] where such produce is subsequently imported into India,

(b) export may be made2[by land or inland water,] without payment of any duty of customs, of any produce specified in the First Schedule which is intended to be brought back to India.

1. Inserted, and deemed always to have been so, by the Produce Cases (Amendment) Act, 1966 (49 of 1966), Section 4. 2. Substituted for the words "by land" and deemed always to have been so, by the Produce Cases (Amendment) Act, 1966 (49 of 1966), Section 4.

Section 12. Recovery of sums due to Government

Where any duty of customs1[**] demanded from any person or any penalty payable by any person under this Act is not paid,--

(a) the Collector may deduct the amount so payable from any money owing to such person which may be under the control of the Collector or any other officer; or

(b) the Collector may recover the amount so payable by detaining and selling any goods belonging to such person which are under the control of the Collector or any other officer; or

(c) if the amount cannot be recovered from such person in the manner provided in Clause (a) or Clause (b), the Collector may prepare a certificate signed by him specifying the amount due from such person and send it to the Collector of the district in which such person owns any properly or resides or carries on his business and the said Collector shall, on receipt of such certificate, proceed to recover from the said person the amount specified therein as if it were an arrear of land revenue.

1. Words "or excise" omitted by Cotton, Copra and Vegetable Oils Cases (Abolition) Act (4 of 1987), Section 6 w.e.f. 21 -3-87.

Section 13. Power to inspect mills and take copies of account[Omitted]

[Omitted by Cotton, Copra and Vegetable Oils Cases (Abolition) Act (4 of 1987), Section 3 (21-3-87)].

Section 14. Information required to be confidential[Omitted]

[Omitted by Cotton, Copra und Vegetable Oils Cases (Abolition) Act (4 of 1987), Section 3 (21-3-87)].