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RUBBER ACT

Ministry of Law and Justice

Act nº 24 of 1947


  • Act nº 24 of 1947

Preamble

THE RUBBER ACT, 1947

[Act, No. 24 of 1947]

[18th April, 1947]

PREAMBLE

An Act to provide for the development1[under the control of the Union] of the rubber industry

2[***]]'

WHEREAS it is expedient to provide for the development1[under the control of the Union] of the rubber industry2[* *]]'

It is hereby enacted as follows:--

1. Substituted for "under Central Control" by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 2 (1-8-1955).

2. The words "so far as regards the production and marketing of rubber, and for regulating export and import of rubber" were omitted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 2 (1-8-1955).


Section 1. Short title and extent

(1) This Act may be called The Rubber Act,1[* * *] 1947. (2) It extends to the whole of India2[except the State of Jammu and Kashmir.]

1. The brackets and words "(Production and Marketing)" were omitted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 3 (1-8-1955).

2. Substituted for "except Part BStates" by the Part BStates (Laws) Act, 1951 (3 of 1951), section 3 and Sch. (1-4-1951).


Section 2. Declaration as to expediency of Union control

1[2. Declaration as to expediency of Union control

It is hereby declared that it is expedient in the public interest that the Union should take under its control the rubber industry.]

1. Substituted for the former section, by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 4 (1-8-1955).


Section 3. Definitions

In this Act, unless there is anything repugnant in the subject or context--

(a) "Board" means the1[* * *] Rubber Board constituted under this Act;

(b) "dealer", means any person who deals in rubber, whether wholesale or retail or holds stocks of rubber, and includes the representative or agent of a dealer;

(c) "estate" means any area administered as one unit which contains land planted with rubber plants;

2[(cc) "Executive Director", means the Executive Director appointed under this Act;]

(d) "export" and "import", mean respectively taking out of, and bringing into3[India] by sea, land or air;

4[(cc) "India" means the territory of India excluding the State of Jammu and Kashmir;]

(e) "manufacturer" means any person engaged in the manufacture of any article in the making of which rubber is used;

(f) "owner" includes any agent of an owner and a mortgagee in possession and a lessee of an estate;

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

6[(ga) "processor" means a person who undertakes the processing of rubber;]

(h) "rubber", means--

(i) crude rubber, that is to say, rubber prepared from the leaves, bark or latex of any rubber plant;

(ii) the latex of any rubber plant whether fluid or coagulated, in any stage of the treatment to which it is subjected during the process of conversion into rubber;

(iii) latex (dry rubber content) in any state of concentration,

and includes scrap rubber, sheet rubber, rubber in powder and all forms and varieties of crepe rubber, but does not include rubber contained in any manufactured article;

(i) "rubber plant" includes plants, trees, shrubs or vines of any of the following :--

(i) Hevea Braziliensis (Para Rubber),

(ii) maniaot Glaziovii (Ceara Rubber),

(iii) Castillio elastica,

(iv) Ficus elastica (Rambong), and

(v) any other plant which the Board may, by notification in the Gazette of India, declare to be a rubber plant for the purpose of this Act;

(j) "Rubber Production Commissioner" means the Rubber Production Commissioner appointed under this Act;

5[(k) "small grower", means an owner whose estate does not exceed 7[ten hectares] in area.]

1. The word "Indian" was omitted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 5 (1-8-1955).

2. Inserted by the Rubber (Amdt.) Act, 1982 (54 of 1982), section 2 (enforcement date not yet received).

3. Substituted for "the States" by the Part BStates (Laws) Act, 1951 (3 of 1951), section 3 and Sch. (1-4-1951).

4. Inserted by the Part BStates (Laws) Act, 1951 (3 of 1951), section 3 and Sch. (1-4-1951).

5. Inserted by the Rubber (Production and Marketing) (Amdt.) Act, 1954 (54 of 1954), section 5 (1-8-1955).

6. Inserted by the Rubber (Amendment) Act, 2009.

7. Substituted by the Rubber (Amendment) Act, 2009 previous text was :- "fifty acres"


Section 4. Constitution of the Board

(1) As soon as may be after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Board to be called the 1[*] Rubber Board.

(2) The Board shall be a body corporate by the name of 1[*] Rubber Board having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and to contract, and shall by the said name sue and be sued.

2[(3) The Board shall consist of--

(a) a Chairman to be appointed by the Central Government;

3[(b) two members to represent the State of 4[Tamil Nadu], one of whom shall be a person represent­ing rubber-producing interests;

(c) eight members to represent the State of Kerala, six of whom shall be persons representing the rubber-producing interests, three of such six being persons representing the small growers;]

(d) ten members to be nominated by the Central Government, of whom two shall represent the manufacturers and four labour;

8[(da) three members to be nominated by the Central Government of whom two shall be from the Department of Commerce and one from the Department of Agriculture and Co-operation;]

(e) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States, 5[* * *].

6[(ee) the Executive Director, ex officio; and.]

(f) the Rubber Production Commissioner, ex officio.

(4) The persons to represent the States of 4[Tamil Nadu] and 7[Kerala] shall be elected or nomi­nated as may be prescribed.

(5) Any officer of the Central Government, when deputed by that Government in this behalf shall have the right to attend the meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote.

(6) The Board shall elect from among its members a Vice-Chairman who shall exercise such of the powers, and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman.

(7) The members of the Board shall receive from the Board such allowances as may be prescribed.

(8) It is hereby declared that the office of member of the Board shall not disqualify its holder for being chosen as, or for being a member of either House of Parliament.]

1. The word "Indian" was omitted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 6 (1-8-1955).

2. Sub-sections (3) to (8) were substituted for sub-sections (3), (4) and (5) by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 6 (1-8-1955).

3. Substituted for former clauses (b) and (c) by 3 A.L.O., 1956 (1-11-1956).

4. Substituted for 'Madras' by Madras State (Alteration of Name) A.L.O., 1970 (w.r.e.f. 14-1-1969) --

5. Word 'and' omitted by the Rubber (Amdt.) Act, 1982 (54 of 1982), section 3.

6. Inserted by the Rubber (Amdt.) Act, 1982 (54 of 1982), section 3.

7. Substituted for "Travancore-Cochin" by 3 A.L.O., 1956.

8. Inserted by the Rubber (Amendment) Act, 2009.


Section 5. Vacancies in the Board

(1) If any authority or body fails to make within a reasonable time any nomination which it is entitled to make under section 4, the Central Government may itself nominate a member to fill the vacancy.

(2) Where a member of the Board dies, resigns or is removed, or ceases to reside in India, or becomes incapable of acting, the Central Government shall, on the recommendation of the authority or body entitled to nominate the member under section 4, or where such recommendation is not made within a reasonable time, then on its own initiative, appoint a person to fill the vacancy.

(3) No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution, of the Board.

Section 6. Salary and allowances of Chairman

1[6. Salary and allowances of Chairman

2[A person appointed as the whole time Chairman] shall be entitled to such salary and allowances and be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may from time to time be fixed by the Central Government3[and a person appointed as the part time Chairman shall be entitled to such honorarium and, allowances, if any, and such other conditions of service as may from time to time be fixed by the Central Government].

1. Sections 6 and 6-A were substituted for the former section 6 by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 7 (1-8-1955).

2. Substituted for the words "The Chairman" by the Rubber (Amdt.) Act, 1982 (54 of 1982), section 4 (en­forcement date not yet received).

3. Inserted by the Rubber (Amdt.) Act, 1982 (54 of 1982), section 4 (en­forcement date not yet received.)


Section 6A. Executive Officers of the Board

1[6A. Executive Officers of the Board.--

2[(1) The Central Government may appoint an Execu­tive Director to exercise such powers and perform such duties under the direction of the Board as may be prescribed or as may be delegated to him by the Chairman.]

3[(1A)) The Central Government shall appoint a Rubber Production Commissioner to exercise such powers and perform such duties under the direction of the Board as may be prescribed.

(2) The Central Government shall appoint a Secretary to the Board to exercise such powers and perform such duties under the direction of the Board as may be prescribed or as may be delegated to him by the Chairman.

(3)4[The Executive Director, the Rubber Production Commissioner] and the Secretary to the Board shall be entitled to such salaries and allowances and be governed by such conditions of service regarding leave, pension, provident fund and other matters as may be fixed by the Central Government.]

(4)5[The Chairman, if whole-time, the Executive Director,] the Rubber Production Commissioner and the Secretary shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government.]

1. Sections 6 and 6-A were substituted for the former section 6 by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 7 (1-8-1955).

2. Inserted by the Rubber (Amdt.) Act, 1982 (54 of 1982), section 5(a) (enforcement date not yet received).

3. Original sub-section (1) renumbered as sub-section (1 -A) by the Rubber (Amdt.) Act, 1982 (54 of 1982), section 5(a) (enforcement date not yet received).

4. Substituted for the words "The Rubber Production Commissioner" by the Rubber (Amdt.) Act, 1982 (54 of 1982, section 5(b) (enforcement date not yet received.)

5. Substituted for the words "The Chairman" by the Rubber (Amdt.) Act, 1982 (54 of 1982, section 5(b) (enforcement date not yet received.)


Section 7. Committees of the Board

1[(1)* ******]

(2) The Board may appoint such2[*] Committees as may be necessary for the efficient perform­ance of its duties and functions under this Act.

(3) The Board shall take the power to co-opt as members of any Committee appointed under sub-section (2) such number of persons who are not members of the Board, as it may think fit.

(4) The Board may appoint and authorize agents to discharge on its behalf any of its functions in relation to the marketing or storing of rubber.

1. Sub-section (1) was omitted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 8 (1-8-1955).

2. The word "other" was omitted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 8 (1-8-1955).


Section 8. Functions of the Board

(1) It shall be the duty of the Board to promote by such measures as it thinks fit the development of the rubber industry 1[***].

(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for--

(a) undertaking, assisting or encouraging scientific, technological and economic research;

(b) training students in improved methods of planting, cultivation, manuring and spraying;

(c) the supply of technical advice to rubber-growers;

(d) improving the marketing of rubber;

3[(da) improving the quality of rubber and implementing the standards for quality, marking, labelling and packing for the rubber produced or processed in, imported into or exported from, India;]

(e) the collection of statistics from owners of estates, dealers, 4[manufacturers and processors];

2[(f) securing better working conditions and the provisions and improvement of amenities and in­centives for workers;

(g) carrying out any other duties which may be vested in the Board under rules made under this Act.]

(3) It shall also be the duty of the Board--

(a) to advise the Central Government on all matters relating to the development of the rubber indus­try, including the import and export of rubber;

(b) to advice the Central Government with regard to participation in any international Conference or scheme relating to rubber;

(c) to submit to the Central Government and such other authorities as may be prescribed 5[annual report] on its activities and the working of this Act;

(d) to prepare and furnish such other reports relating to the rubber industry as may be required by the Central Government from time to time.

1. The words "so far as regards the production and marketing of rubber" were omitted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), S. 9 (1-8-1955).

2. Inserted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), S. 9 (1-8-1955).

3. Inserted by the Rubber (Amendment) Act, 2009.

4. Substituted by the Rubber (Amendment) Act, 2009 previous text was : - "and manufacturers"

5. Substituted by the Rubber (Amendment) Act, 2009 previous text was :- "half-yearly reports"


Section 8A. Power of the Board to import rubber for sale, or to purchase rubber in the internal market

1[8A. Power of the Board to import rubber for sale, or to purchase rubber in the internal market

It shall be lawful for the Board with the previous approval of the Central Government to import rubber for sale, or to purchase rubber, in the internal market at such prices as the Central Govern­ment may fix.]

1. Sections 8-A and 8-B were inserted by the Rubber (Production and Marketing)Amdt. Act, 1954 (54 of 1954), section 10(1-8-1955).


Section 8B. Consultation with the Board

1[8B. Consultation with the Board

Before taking any action touching the affairs of the Board under this Act, the Central Government shall ordinarily consult the Board:

Provided that no action taken by the Central Government shall be invalid or called in question merely on the ground that the action was taken without such consultation.]

1. Sections 8-A and 8-B were inserted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 10(1-8-1955).


Section 9. Rubber Development Fund

2[(1) There shall be a fund to be called the Rubber Development Fund and there shall be credited,--

(a) all sums forming the funds of the Board immediately before the commencement of the Rubber (Amendment) Act, 2009;

(b) the proceeds of cess paid to the Board by the Central Government under sub-section (7) of section 12;

(c) any sum of money that may be paid to the Board by way of grants or loans by the Central Government;

(d) internal and extra budgetary resources of the Board;

(e) all moneys received and collected under section 26A; and

(f) any other sum that may be levied and collected under this Act and the rules made thereunder.

(2) The Rubber Development Fund shall be applied--

(a) to meet the expenses of the Board;

(b) to meet the cost of the measures referred to in section 8;

(c) to meet the expenditure incurred in the performance of its functions under this Act or the rules made thereunder;

(d) to meet the expenditure for rehabilitation of small growers; and

(e) for making such grants to rubber estates or for meeting the cost of such other assistance to rubber estates as the Board may think necessary for the development of such estates.]

1. Substituted for sub-section (2) by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1 954), section 11 (1-8-1955).

2. Substituted by the Rubber (Amendment) Act, 2009 previous text was:-

"9. Funds of the Board

(1) The Indian Rubber Production Board constituted under the Rubber Control and Production Order, 1946, is hereby dissolved, and all funds and other property vested in, and all liabilities of, that Board shall respectively vest in, and be liabilities of, the Board constituted under this Act.

1[(2) The Board shall maintain two funds, a general fund and a pool fund.]

*[9-A. General fund

(1) To the general fund shall be credited--

(a) all sums forming the funds of the Board immediately before the commencement of the Rubber (Production and Marketing) Amdt. Act, 1954;

(b) all amounts paid to the Board by the Central Government under sub-section (7) of section 12. (2) The general fund shall be applied--

(a) to meet the expenses of the Board;

(b) to meet the costs of the measures referred to in section 8;

(c) to meet the expenditure incurred in the performance of its functions under this Act or under rules made there under; and

(d) for making such grants to rubber estates or for meeting the cost of such other assistance to rubber estates as the Board may think necessary for the development of such estates.]



*. Sections 9-A and 9-B were inserted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 12 (1-8-1955).

**[9-B. Pool fund

(1) To the pool fund shall be credited--

(a) all sums realized by sales of rubber imported or purchased under section 8-A;

(b) any other sum which the Board may, with the previous approval of the Central Government, transfer from the general fund to the pool fund.

(2) The pool fund shall be applied only to the rehabilitation of small growers in such manner as may be prescribed.]



**. Sections 9-A and -B were inserted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 12 (1-8-1955)."


Section 10. [Omitted]

2[***]

1. Substituted for "the States" by the Part BStates (Laws) Act, 1951 (3 of 1951), S. 3 and Schedule (1-4-1951).

2. Omitted by the by the Rubber (Amendment) Act, 2009 previous text was : -

"(1) Every person owning land planted with rubber plants, whether such land is comprised in one estate or in more than one estate and whether it is situated wholly or partly in1[India], shall, before the expiry of one month from the date of commencement of this Act, apply to the Board to be registered as an owner in respect of each owned by him.

(2) A registration once made shall continue in force until it is cancelled by the Board."


Section 11. Power to prohibit or control imports and exports of rubber

(1) The Central Govern­ment may,1[* * *] by order published in the official Gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of rubber, either generally or in specified classes of cases.

(2) All goods to which any order under sub-section (1) applies shall be deemed to be goods of which the import or export has been prohibited or restricted under section 19 of the Sea Customs Act, 1878, and all the provisions of that Act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word "shall" therein the word "may" were substituted.

(3) If any person contravenes any order made under sub-section (1), he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Sea Customs Act, 1878, as applied by sub-section (2), be punishable with imprisonment for a term which may extend to one year or with fine or with both.

1. The words "after consulting the Board" were omitted by the Rubber (Production and Marketing) Amdt. Act. 1954 (54 of 1954), section 13 (1-8-1955).