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TEA ACT

Ministry of Law and Justice

Act nº 29 of 1953


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IIIA. Management Or Control of Tea Undertakings Or Tea Units by the Central Government in Certain Circumstances
  • Chapter IV. Control Over the Export of Tea and Tea Seed
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Amending Acts
  • Act nº 29 of 1953

Preamble

THE TEA ACT, 1953

[Act, No. 29 of 1953]

[28th May, 1953]

PREAMBLE

An Act to provide for the control by the Union of the Tea industry, including the control, in pursuance of the International Agreement now in force, of the cultivation of tea in, and of the export of tea from, India and for that purpose to establish a Tea Board and1[levy a duty of excise on tea produced in India.]

BE it enacted by parliament as follows:-

1. Substituted for "a customs duty on tea exported from India" by the Tea (Amendment) Act, 1967 (21 of 1967), Section 2 [13-8-1967].


Chapter I

Section 1. Short Title, Extent And Commencement

(1) This Act may be called The Tea Act, 1953.

(2) It extends to the whole of India:

Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the control of the export of tea from, and the cultivation of tea in, India.

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1. The Act came into force on 1-4-1954.


Section 2. Declaration As To Expediency Of Control By The Union

It is hereby declared that it is expedient in the public interest that the union should take under its control the tea industry.

Section 3. Definitions

In this Act, unless the context otherwise requires,--

(a) "Board" means the Tea Board constituted under section 4;

(b) "broker" means a broker of tea;

(c) "cess" means1[the duty of excise] imposed by section 25;

2[d] "Commissioner of Customs" means a Commissioner of Customs as specified in clause (b) of section 3 of the Customs Act, 1962;]

(e) "dealer" means a dealer in tea;

(f) "export" means to take out of India by land, sea or air to any place outside India other than a country or territory notified in this behalf by the Central Government by notification in the Official Gazette;

(g) "export allotment" means the total quantity of tea which may be exported during any one financial year;

(h) "Fund" means the Tea Fund referred to in section 27;

(i) "manufacturer" means a manufacturer of tea;

(j) "member" means a member of the Board;

(k) "owner"--

(i) with reference to a tea estate or garden or a sub-division there of the possession of which has been transferred by lease, mortgage or otherwise, means the transferee so long as his right to possession subsists; and

(ii) with reference to a tea estate or a garden or a sub-division for which an agent is employed, means the agent if and in so far as, he has been duly authorized by the owner in that behalf;

(l) "prescribed" means prescribed by rules made under this Act,

(m) "standard export figure" means such quantity as the Central Government may, by notification in the Official Gazette, specify pursuant to any international agreement in this behalf.

(n) "tea" means the plant Camellia Sinensis (L) O. Kuntze as well as all varieties of the product known commercially as tea made from the leaves of the plant Camelia Sinesis (L) O. Kuntze including green tea;

(o) "tea seed" includes seed, roots, stumps, cuttings, buds, and any living portion of the plant Camellia Sinensis (L) O. Kuntze which may be used to propagate that plant.

1. Substituted for "the customs duty" by the Tea (Amendment) Act, 1967 (21 of 1967), Section 3 (w.e.f. 13-8-1967).

2 . Substituted by Finance Act (22 of 1995), Section 82 for the expression "Customs Collector" wherever it occurs, the expression "Commissioner of Customs" be substituted, by the Tea (Amendment) Act, 1967 (21 of 1967), Section 3 (w.e.f. 13-8-1967).


Chapter II

Section 4. Establishment And Constitution Of The Tea Board

(1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify in this behalf, there shall be established for the purpose of this Act a Board to be called the Tea Board.

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

(3) The Board shall consist of a Chairman and such number of other members not exceeding forty as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among persons who are in its opinion capable of representing,--

(a) owners of tea estate and growers of tea;

(b) persons employed in tea estates and gardens;

(c) manufacturers of tea;

(d) dealers including both exporters and internal traders of tea;

(e) consumers;

(f) Parliament;

(g) the Government of the principal tea-growing States;

(h) such other persons or class of persons, who, in the opinion of the Central Government, ought to be represented on the Board.

1[(3A) 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.]

(4) The number of persons to be appointed as members from each of the categories specified in sub-section (3), 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.

(5) 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.

1. Inserted by the Tea (Second Amendment) Act, 1954 (52 of 1954), Section 2 (w.e.f.25-12-1954).


Section 5. Vacancies, Etc., Not To Invalidated Acts And Proceedings

No act done or proceeding taken by the Board under this Act 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

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.

Section 7. Vice-Chairman

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

Section 8. Executive And Other Committees

(1) There shall be an Executive Committee of the Board constituted in the manner prescribed.

(2) The Executive Committee shall exercise such of the powers and perform such of the duties of the Board as may be prescribed, or as the Board may delegate to it.

(3) Subject to such control and restrictions as may be prescribed the Board may constitute other Standing Committee or ad hoc Committees for exercising any power or discharging any duty of the Board or for enquiring into or reporting and advising on any matter which the Board may refer to them.

(4) A Standing Committee shall consist exclusively of members of the Board.

(5) An ad hoc committee may include persons who are not members of the Board, but their number shall not exceed one half of its strength.

Section 9. Secretary And Staff

(1) The Central Government shall appoint--

1[(a) a Deputy Chairman to the Board who shall assist the Chairman in the performance of his duties and exercise such of the powers and perform such of the duties as may be prescribed or as may be delegated to him by the Board or by a Committee constituted by the Board under section 8 or by the Chairman;

1[(aa) Secretary to the Board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board or the chairman.

(b) all other officers of the Board drawing 2[a salary exceeding rupees one thousand seven hundred per month.]

(2) Subject to such control and restrictions as may be prescribed, the Board may appoint such other officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time.

(3) The Chairman,3[Deputy Chairman, Secretary and other employees] of the Board shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government.

1. Clause (a) relettered as cl. (aa) and cl. (a) inserted by the Tea (Amendment) Act, 1977 (32 of 1977), Section 2 (w.e.f.12-8-1977).

2 . Substituted for the words "a salary of rupees one thousand or more per month", by the Tea (Amendment) Act, 1977 (32 of 1977), Section 2 (w.e.f.12-8-1977).

3 . Substituted for the words "Secretary and other employees", by the Tea (Amendment) Act, 1977 (32 of 1977), Section 2 (w.e.f.12-8-1977).


Section 10. Functions Of The Board

(1) It shall be the duty of the Board to promote by such measures as it thinks fit, the development under the control of the Central Government of the tea industry.

(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to herein may provide for--

(a) regulating the production and extent of cultivation of tea;

(b) improving the quality of tea;

(c) promoting co-operative efforts among growers and manufacturers of tea;

(d) undertaking, assisting or encouraging scientific, technological and economic research and maintaining or assisting in the maintenance of demonstration farms and manufacturing stations,

(e) assisting in the control of insects and other pests and diseases affecting tea;

(f) regulating the sale and export of tea;

(g) training in tea testing and fixing grade standards of tea;

(h) increasing the consumption in India and elsewhere of tea and carrying on propaganda for that purpose;

(i) registering and licensing of manufacturers, brokers, tea waste dealers and persons engaged in the business of blending tea;

(j) improving the marketing of tea in India and elsewhere;

1[(jj) subscribing to the share capital of, or entering into any agreement or other arrangement (whether by way of partnership, joint venture or in any other manner) with, any body corporate for the purpose of promoting the development of tea industry or for promotion and marketing of tea, in India or elsewhere;

(k) collecting statistics from growers, manufacturers, dealers and such other persons as may be prescribed on any matter relating to the tea industry; the publication of statistics so collected or portions thereof or extracts therefrom;

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

(m) such other matters as may be prescribed.

(3) The Board shall perform its functions under this section in accordance with and subject to such rules as may be made by the Central Government.

1. Inserted by Tax (Amendment) Act (68 of 1980), Section 2.


Section 11. Dissolution Of The Board

(1) The Central Government may, by notification in the Official Gazette, direct that the Board shall be dissolved from such date and for such period as may be specified in the notification.

(2) When the Board is dissolved under the provisions of sub-section (1)--

(a) all members shall, from the date of dissolution, vacate their offices as such members;

(b) all powers and duties of the Board shall, during the period of dissolution, be exercised and performed by such person or persons as the Central Government may appoint in this behalf;

(c) all funds and other property vested in the Board shall, during the period of dissolution, vest in the Central Government; and

(d) as soon as the period of dissolution expires, the Board shall be reconstituted in accordance with the provisions of this Act.

Chapter III