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COFFEE ACT

Ministry of Law and Justice

Act nº 7 of 1942


  • Act nº 7 of 1942

Preamble

THE COFFEE ACT, 1942

[Act, No 7 of 1942]

[2nd March, 1942]

PREAMBLE

An Act1[to provide for the development under the control of the Union of the coffee industry]

WHEREAS it is expedient2[to provide for the development under the control of the Union of the coffee industry];

It is hereby enacted as follows:

1. Substituted for the words "to continue the provision made under ordinance No. XIII of 1940 for assistance to the coffee industry by regulating the export and sale of coffee and by other means", by the Coffee Market Expansion (Amendment) Act, 1954 (50 of 1954). Section. 2 (1-8-1955).

2. Substituted for the same words, by the Coffee Market Expansion (Amendment) Act, 1954 (50 of 1954). Section. 2 (1-8-1955).


Section 1. Short title, extent and duration

(1) This Act may be called The 1 [Coffee Act], 1942.

(2) It extends to 2 [the whole of India 3 [except the State of Jammu and Kashmir] ].

(3) 4 [*****]

1. Substituted for the words "Coffee Market Expansion Act", by Act (50 of 1954), Section. 3 (1-8-1955).

2. Words "all the Provinces of India" in sub-section (2) were substituted by the words "the whole of India except Part Estates", by A.L.O., 1950.

3. Substituted for the words "except Part BStates", by Part BStates (Laws) Act (3 of 1951), Section. 3 and Sch. (1-4-51).

4. Omitted by Coffee Market Expansion (Amendment) Act (4 of 1947), Section. 2 (11-3-1947).


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 Coffee Industry.]

1. Substituted for original Section. 2 by Coffee Market Expansion (Amendment) Act (50 of 1954), Section. 4 (1-8-1955).


Section 3. Definitions

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

(a) "the Board" means the1 [2 [**] Coffee Board] constituted under section 4;

3 [(aa) "Chairman" means the Chairman of theBoard;]

(b) "Coffee" means the commodityderived from the fruit of the rubiaceous plant known by that name, and includesraw coffee, cured coffee, uncured coffee, roasted coffee and prepared coffee;

4 [(c) "Collector" means a Collector of Customs asdefined in clause (8) of section 2 of the Customs Act, 1962 (52 of 1962)]

(d) "curing" meansthe application to raw coffee of mechanical processes other than pulping for thepurpose of preparing it for marketing;

(e) "curingestablishment" means any place to which raw coffee is sent by a registeredowner for curing, and includes any estate which the Board may declare to be acuring establishment, for the purposes of this Act;

5 [(ee) "dealer" means a person carrying on thebusiness of selling coffee, whether wholesale or by retail;]

(f) "estate" means an area administeredas one unit which contains land planted with coffee plants;

6 [(ff) "India" means the territory of Indiaexcluding the State of Jammu and Kashmir;]

(g) "Indian Coffee CessCommittee" means the Indian Coffee Cess Committee constituted under theIndian Coffee Cess Act, 1935;

7 [(h) "free sale quota'' means that portion, stated in terms of bulk or weight, ofthe whole of the coffee produced by the estate in the year, which a registeredestate is permitted under this Act to sell]

8 [(i) "owner" in relation to any land plantedwith coffee plants, includes,--

(1) any agent of the owner,and

(2) a mortgagee, lessee orother person in actual possession of the land;]

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

(k) "registeredestate" means an estate in respect of which an owner is registered undersub-section (1) of section 14, and includes also any estate in respect of whichan owner is required to be registered under the provisions of that sub-section;

(l) "registeredowner" means an owner of a registered estate who has been or is required tobe registered under sub-section (1) of section 14;

9 [****]

(m) "surplus pool" means the stock ofcoffee accumulated by the Board out of the amounts delivered to the Board undersection 25;

10 [(n) "year" means the period of twelve monthsbeginning with the first day of July and ending with thirtieth day of June nextfollowing.]

1.Substituted for the words "Indian Coffee Board"by the Coffee Market Expansion (Amendment) Act, 1943 (7 of 1943), S. 2 (a)(26-3-1943).

2.the word "Indian" was omitted by the CoffeeMarket Expansion (Amendment) Act, 1954 (50 of 1954), S. 5 (1-8-1955).

3.Inserted by the Coffee Market Expansion(Amendment) Act, 1954 (50 of 1954), S. 5 (1-8-1955).

4. Substituted by The Coffee (Amendment) Act, 1994 (23 of1994) w.e.f. 14.01.1994. Prior to substitution it read as under:

"(c)"Collector" means a Customs-Collector as defined in clause (c) ofsection 3 of the Sea Customs Act, 1878, or a Collector of Land Customs asdefined in clause (c) of section 2 of the Land Customs Act, 1924, as the casemay be;"

5.Inserted by Coffee Market Expansion (Amendment)Act (2 of 1944), S. 2 (27-2-1944).

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

7. Substituted by The Coffee (Amendment) Act, 1994 (23 of1994) w.e.f. 14.01.1994. Prior to substitution it read as under:

"(h) "internal salequota" means that portion, stated in terms of bulk or weight, of the wholeof the coffee produced by the estate in the year, which a registered estate ispermitted under this Act to sell in the Indian market;"

8.Substitutedfor former clause (i) by Coffee (Amendment) Act (48 of 1961), S. 2 (19-4-1962).

9.Clause (ll) which was inserted by A.L.O., 1950,was omitted by Part BStates (Laws) Act (3 of 1951), S. 3 & Sch. (1-4-1951).

10.Substituted for former clause (n), by Coffee(Amendment) Act (48 of 1961), S. 2 (b) (19-4-1962),


Section 4. Constitution of the Board

(1) The Board constituted by the name of the Indian Coffee Market Expansion Board under section 4 of the Indian Coffee Market Expansion Ordinance, 1940, shall be the1[Coffee Board] for the purposes of this Act.

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

(a) a Chairman to be appointed by the Central Government by notification in the Official Gazette;

(b) three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; and

(c) such number of other members not exceeding twenty-nine as the Central Government may think expendient to be appointed by that Government by notification in the Official Gazette from among persons who are in its opinion capable of representing,--

(i) Governments of the principal coffee-growing States;

(ii) coffee-growing industry;

(iii) coffee trade interests;

(iv) curing establishments;

(v) interests of labour;

(vi) interests of consumers; and

(vii) such other interests as, in the opinion of the Central Government, ought to be represented on the Board.

(2A) The number of persons to be appointed as members from each of the categories specified in clause (c) of sub-section (2), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Board shall be such as may be prescribed.

(2B) Any officer of the Central Government when deputed by that Government in this behalf shall have the right to attend meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote.]

3[* * * * * *]

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

5[(5) 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. Substituted for "Indian Coffee Board", by Coffee Market Expansion (Amendment) Act (50 of 1954), S.6 (1-8-1955).

2. Substituted for former sub-sections (2) and (2-A), by Coffee (Amendment) Act (48 of 1961), S. 3 (19-4-1962).

3. Sub-section (3), as inserted by Coffee Market Expansion (Amendment) Act (7 of 1943) was omitted by Coffee (Amendment) Act (48 of 1961), S. 3 (19-4-1962).

4. Original sub-section (2) was re-numbered as (4), by Coffee Market Expansion (Amendment) Act (7 of 1943), S. 3 (26-3-1943).

5. Inserted by Coffee Market Expansion (Amendment) Act (50 of 1954), S. 6 (1-8-1955).


Section 5. Incorporation of the Board

The Board shall be a bodycorporate by the name of the 1 [2 [* *] Coffee Board]having perpetual succession and a common seal, with power to acquire and holdproperty, both movable and immovable and to contract, and shall by the said namesue and be sued.

1.Words "Indian Coffee Market ExpansionBoard" by Coffee Market Expansion (Amendment) Act (7 of 1943), S. 4(26-4-1943).

2.Word "Indian" was omitted by CoffeeMarket Expansion (Amendment) Act (50 of 1954), S. 7 (1-8-1955).


Section 6. Vesting of property in the Board

So long as this Act remains in force all property, movable or movable, of or belonging to the Indian Coffee Cess Committee shall vest in the Board and all debts and liabilities of the said Committee shall be transferred to the Board, and the officers and servants of the said Committee shall be officers and servants on the staff of the Board and the said Committee shall be suspended.

Section 6A. Consultation with the Board

1[6A. 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. Inserted by Coffee Market Expansion (Amendment) Act (50 of 1954), S. 8 (1-8-1955).


Section 7. Chairman, committees, staff and agents

1[(1) * * * *]

(2) The Board may appoint such committees for such purposes and may employ such staff as it thinks necessary for the efficient discharge of its functions under this Act.

(3) The Board may authorise agents to discharge on its behalf its functions in relation to the marketing, storing and curing of coffee.

1. Sub-section (1) was omitted by Coffee Market Expansion (Amendment) Act (50 of 1954), S. 9 (1-8-1955).


Section 8. Salary and allowances of Chairman

1[8. Salary and allowances of Chairman.--

The Chairman shall be entitled to such salary and allowances and 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 Government.]

1. Sections 8 and 9 were substituted by sections 8, 8A and 9, by Coffee Market Expansion (Amendment) Act (50 of 1954), S. 10 (1-8-1955).


Section 8A. Vice-Chairman

1[8A. Vice-Chairman.--

The Board shall elect from amongst its members a Vice-Chairman who shall exercise such of the powers and perform such of the duties of the Chairman as may be prescribed or as may be delegated to him by the Chairman.]

1. Sections 8 and 9 were substituted by sections 8, 8A and 9, by Coffee Market Expansion (Amendment) Act (50 of 1954), S. 10 (1-8-1955).


Section 9. Chief Coffee Marketing Officer, Secretary and other staff

1[9. Chief Coffee Marketing Officer, Secretary and other staff.--

(1) The Central Government shall appoint an officer to be called the Chief Coffee Marketing Officer and a Secretary to the Board and may appoint a Deputy Secretary to the Board and such number of Marketing Officers as may be necessary, to exercise such powers and to perform such duties under the direction of the Board as may be prescribed.

(2) The officers appointed under this section shall be entitled to such salaries and allowances and 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 Government.]

1. Sections 8 and 9 were substituted by sections 8, 8A and 9, by Coffee Market Expansion (Amendment) Act (50 of 1954), S. 10 (1-8-1955).


Section 10. Dissolution of the Board

When the Board is dissolved by reason of this Act having ceased to be in force, the unexpended balance of all money received by the Board under the Coffee Market Expansion Ordinance, 1940, or under this Act except money in the pool fund shall be disposed of in such manner as the Central Government may direct. The Central Government shall disburse the money in the pool fund in the same manner as the Board would have done had it continued to exist.

Section 11. Duty of customs (Repealed)

1[***]

1.Repealed by The Cess Lws (Repealing and Amending) Act, 2006 (24 of 2006) for the following:

"A duty of customs shall be levied on all coffee produced in India and exported from India at such rate not exceeding fifty rupees per quintal as may be fixed by the Central Government by notification in the Official Gazette."


Section 12. Omitted

1[***]

1. Omitted by The Coffee (Amendment) Act, 1994 (23 of 1994) w.e.f. 14.01.1994. Prior to omission it read as under:

"12. Duty of excise.--A duty of excise shall be levied [at such rate not exceeding [fifty rupees] per quintal] as may be fixed by the Central Government [* * *] by notification in the Official Gazette on all coffee, [****] which a registered estate is permitted by the interal sale quota allotted to it to sell in the Indian Market, whether such coffee is actually sold or not, and on all coffee released for sale in India by the Board from the surplus pool."