(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 purposes of this Act a Board to be called the Tea Board.

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(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.

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(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,

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(a) owners of tea estates and gardens and growers of tea;

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(b) persons employed in tea estates and gardens;

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(c) manufacturers of tea;

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

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(e) consumers;

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(f) Parliament;

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

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

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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.]

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(4) The number of persons to be appointed as members from each of the categories specified in subsection (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.

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(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.

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(1) The Central Government may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--

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(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export;

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(b) the maximum quantity which may in one transaction be sold to any person.

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(2) Any such order may for reasons to be specified therein--

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(a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers;

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(b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order.

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(3) The Central Government may, by general or special order--

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(a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order;

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(b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order;

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(c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste.

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(4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore--

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(a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon;

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(b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a);

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(c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale.

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(5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide--

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(a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order;

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(b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor.

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