Search Results on rules for query: "The Tobacco Board(Auction) Rules, 1984"
Related Section(s)(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 tobacco industry.
(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for-- 1[(a) regulating the production and curing of virginia tobacco having regard to the following factors, namely:-- (i) the demand for virginia tobacco in India and abroad; (ii) the suitability of land for growing virginia tobacco; (iii) the differences in soil characteristics and agro-climatic factors in different regions of the country where virginia tobacco is grown and the effect thereof on the quality and quantity of virginia tobacco produced in those regions; (iv) the marketability of different types of virginia tobacco; (v) the need for rotation of crops; and (vi) the nature of the holdings of the growers of virginia tobacco whether owned or leased; (b) keeping a constant watch on the virginia tobacco market, both in India and abroad, and ensuring that the growers get a fair and remunerative price for the same and that there are no wide fluctuations in the prices of the commodity; (c) maintenance and improvement of existing markets, and development of new markets outside India for Indian virginia tobacco and its products and devising of marketing strategy in consonance with demand for the commodity outside India, including group marketing under limited brand names; 2[(cc) establishment by the Board of auction platforms, with the previous approval of the Central Government, for the sale of virginia tobacco by registered growers or curers, and functioning of the Board as an auctioneer at auction platforms established by or registered with it subject to such conditions as may be specified by the Central Government;] (d) recommending to Central Government the minimum prices which may be fixed for purposes of export of virginia tobacco with a view to avoiding unhealthy competition amongst the exporters; (e) regulating in other respects virginia tobacco marketing in India and export of virginia tobacco having due regard to the interests of growers, manufacturers and dealers and the nation; (f) propagating information useful to the growers, dealers and exporters (including packers) of virginia tobacco and manufacturers of virginia tobacco products and others concerned with virginia tobacco and products thereof; (g) purchasing virginia tobacco from growers when the same is considered necessary or expedient for protecting the interests of the growers and disposal of the same in India or abroad as and when considered appropriate; (h) promoting the grading of tobacco at the level of growers; (i) sponsoring, assisting, co-ordinating or encouraging scientific, technological and economic research for the promotion of tobacco industry; (j) such other matters as may be prescribed. (3) Without prejudice to the generality of the provisions of sub-section (1) and subject to priority being given to matters specified in sub-section (2), the measures referred to in sub-section (1) may also provide in relation to tobacco, other than virginia tobacco, for all or any of the matters specified in clauses (c) to (g) of sub-section (2) and for this purpose any reference in those clauses to virginia tobacco shall be construed as including a reference to tobacco other than virginia tobacco. (4) 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 and such rules may in particular make provisions for ensuring that the Board functions in close liaison with Union agencies, institutions and authorities concerned with the tobacco industry (including growing of tobacco) and avoids duplication of effort.
1 Subs. by s. 3, ibid., for clause (a) (w.e.f. 1-12-1985).
2 Ins. by Act 36 of 1978, s. 3 (w.e.f. 30-8-1978). (1) The Board may make regulations not inconsistent with this Act
and the rules made thereunder for enabling it to discharge its functions under this Act.
(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the procedure to be followed at meetings of the committees appointed by the Board and the number of members which shall form a quorum at a meeting; (b) the delegation to the Chairman, members, Executive Director, Secretary or other officers of the Board, of any of the powers and duties of the Board under this Act; (c) the travelling and other allowances payable to persons associated under sub-section (8) of section 4 or co-opted under sub-section (2) of section 7; (d) the pay and allowances and leave and other conditions of service of officers (other than those appointed by the Central Government) and other employees of the Board; (e) the maintenance of the accounts of the Board; (f) the maintenance of the registers and other records of the Board and its various committees; (g) the appointment by the Board of agents to discharge, on its behalf, any of its functions; (h) the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the Board. 1[(i) the time within which full price for virginia tobacco shall be paid under clause (b), and the unfair practices for the purpose of clause (c), of section 13B.] (3) No regulation made by the Board shall have effect until it has been approved by the Central Government and published in the Official Gazette, and the Central Government, in approving a regulation, may make any change therein which appears to it to be necessary. (4) The Central Government may, by notification in the Official Gazette, cancel any regulation which it has approved and, thereupon, the regulation shall cease to have effect. 1[(5) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]
1 Ins. by Act 57 of 1985, s. 13 (w.e.f. 1-12-1985).
(1) With effect from such date as the Central
Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established
for the purposes of this Act, a Board to be called the Tobacco 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. 1[(3) The head office of the Board shall be at Guntur in the State of Andhra Pradesh and the Board may, with the previous approval of the Central Government, establish offices or agencies at other places in or outside India.] (4) The Board shall consist of the following members, namely:-- (a) a Chairman to be appointed by the Central Government; (b) three members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States; (c) 2[eight] members to be appointed by the Central Government to represent respectively:-- (i) the Ministry of the Central Government dealing with Agriculture; (ii) the Ministry of the Central Government dealing with Commerce; (iii) the Ministry of the Central Government dealing with Finance; (iv) the Ministry of the Central Government dealing with Industrial Development; (v) the Indian Council of Agricultural Research; (vi) the Government of Andhra Pradesh; 3*** 4[(via) the Government of Gujarat; and] (vii) the Government of Karnataka; (d) two members to be appointed by the Central Government, by rotation in the alphabetical order, to represent the Governments of tobacco-growing States 5[other than the States of Andhra Pradesh, Gujarat and Karnataka;] (e) not more than 5[ten members] to be appointed by the Central Government from amongst growers of tobacco, dealers and exporters (including packers) of tobacco and tobacco products, manufacturers of tobacco products and from amongst persons who, in the opinion of the Central Government, are experts in tobacco marketing or agricultural economics: 6[Provided that the number of members appointed under this clause from amongst the growers of tobacco shall not exceed six.] 6[(f) the Agricultural Marketing Adviser to the Government of India, Department of Rural Development, ex officio; (g) the Executive Director, ex officio.] 7[(4A) 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.] (5) The Board shall elect, from amongst 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. (6) The term of office of the members and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed. (7) 8[Any officer] of the Central Government (not being a member of the Board) as is deputed by the Central 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 have the right to vote. (8) The Board may associate with itself, in such manner and for such purposes as may be prescribed, any persons whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Board relevant to the purposes for which he has been associated, but shall not have the right to vote. (9) No act or proceeding of the Board or any committee appointed by it under section 7 shall be invalidated merely by reason of-- (a) any vacancy in, or any defect in the constitution of, the Board or such committee; or (b) any defect in the appointment of a person acting as a member of the Board or such committee; or (c) any irregularity in the procedure of the Board or such committee not affecting the merits of the case.
1 Subs. by Act 36 of 1978, s. 2, for sub-section (3) (w.e.f. 30-8-1978).
2 Subs. by s. 2, ibid., for "seven" (w.e.f. 30-8-1978). 3. The word "and" omitted by s. 2, ibid. (w.e.f. 30-8-1978) 4. Ins. by s. 2, ibid. (w.e.f. 30-8-1978). 5. Subs. by s. 2, ibid., for "other than the States of Andhra Pradesh and Karnataka" (w.e.f. 30-8-1978)./nr 6. Subs. by Act 57 of 1985, s. 2, for "eight members" (w.e.f. 1-12-1985). 7. Ins. by s. 2, ibid. (w.e.f. 1-12-1985). 8 Subs. byAct 57 of 1985, s. 2, for "The Executive Director and any such officer" (w.e.f. 1-12-1985). The Board may authorise any of its members, officers or other employees
to inspect in such manner as may be prescribed any land or premises to verify the accuracy of any
particulars mentioned in any application or any return referred to in section 14.
No registered grower or curer
shall sell or cause to be sold virginia tobacco elsewhere than at an auction platform registered with the
Board in accordance with the rules made under this Act 1[or established by the Board under this Act].
1 Ins. by Act 36 of 1978, s. 4 (w.e.f. 30-8-1978).
(1) No person shall grow virginia tobacco except
under, and in accordance with, the conditions of a certificate of registration obtained from the Board in
accordance with the rules made under this Act.
(2) In granting or refusing a certificate of registration, the Board shall have regard to the demand for virginia tobacco in India and abroad, and the suitability of the land in relation to which the certificate is applied for and such other factors as may, having regard to the needs of the virginia tobacco industry, be prescribed. (3) A certificate of registration granted in pursuance of this section shall be valid for such period as may be prescribed. (4) Every application for such certificate of registration shall be accompanied by such fees (not exceeding one rupee for 0.4 hectare of the land in relation to which such application has been made) as may be prescribed. 1[14A. Power to levy fees.-- (1) Where virginia tobacco is sold at any auction platform established by
the Board under this Act, it shall be competent for the Board or for any officer of the Board authorised by
it in this behalf to levy fees, for the services rendered by the Board in relation to such sale, at such rate not
exceeding two per cent. of the value of such tobacco as the Central Government may, from time to time,
by notification in the Official Gazette, specify.
(2) The fees levied under sub-section (1) shall be collected by the Board or such officer, equally from the seller of the virginia tobacco and the purchaser of such tobacco, in such manner as may be prescribed.]
1 Ins. by Act 36 of 1978, s. 5 (w.e.f. 30-8-1978).
(1) There shall be formed a Fund to be called the Tobacco
Fund and there shall be credited thereto--
(a) the fees levied and collected under this Act or the rules made thereunder; (b) any sums of money paid or any loans granted by the Central Government for the purposes of this Act; (c) any grants or loans that may be made by any person for the purposes of this Act; (d) the sums, if any, realised by the Board in carrying out the measures referred to in section 8. (2) The Fund shall be applied-- (a) for meeting the cost of the measures referred to in section 8; (b) for meeting the salaries, allowances and other remuneration of the officers and other employees of the Board; (c) for meeting the other administrative expenses of the Board; (d) for repayment of any loans. (1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the powers and functions of the Vice-Chairman of the Board; (b) the term of office and other conditions of service of members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, members; (c) the powers which may be exercised and the duties which shall be performed by the Executive Director and the Secretary; (d) the circumstances in which and the authority by which a member may be removed; (e) the holding of a minimum number of meetings of the Board every year; (f) the procedure to be followed at the meetings of the Board for the conduct of business and the number of members which shall form a quorum at a meeting; (g) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government; 1[(ga) the specifications with regard to grading work referred to in section 11B;] (h) the matters referred to in section 14; 2[(hh) the manner of collection of fees under sub-section (2) of section 14A;] (i) the powers of the Board, its Chairman, the Executive Director and committees of the Board with respect to the incurring of expenditure; (j) the conditions subject to which the Board may incur expenditure outside India; 3[(ja) the amounts for the purposes of the proviso to section 18A;] (k) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (l) the form and manner in which the accounts should be maintained by the Board; (m) the deposit of the funds of the Board in banks and the investment of such funds; (n) the conditions to be observed by the Board in borrowing money; (o) the conditions subject to which, and the manner in which, contracts may be entered into by or on behalf of the Board; (p) the additional matters in respect of which the Board may undertake measures in the discharge of its functions; (q) the remuneration and other allowances payable to the person or persons referred to in clause (b) of sub-section (2) of section 9; (r) the form and manner of, and the particulars to be contained in, any returns or reports to be made to the Board under this Act; (s) the collection of any information or statistics in respect of tobacco or tobacco products; (t) any other matter which has to be, or may be, prescribed by, or provided for by rules under, this Act. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 57 of 1985, s. 12 (w.e.f. 1-12-1985).
2 Ins. by Act 36 of 1978, s. 6 (w.e.f. 30-8-1978). 3 Ins. by Act 57 of 1985, s. 12 (w.e.f. 1-12-1985). No person other than a registered curer shall cure
or undertake the curing of virginia tobacco unless he registers himself as a curer with the Board in
accordance with the rules made under this Act.
(1) The Central Government shall appoint an Executive
Director to exercise such powers and perform such duties under the Chairman as may be prescribed or as
may be delegated to him by the Chairman.
(2) The Central Government shall appoint a Secretary to the Board to exercise such powers and perform such duties under the Chairman as may be prescribed or as may be delegated to him by the Chairman. (3) The Executive Director and the Secretary 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. (4) Subject to such control, restrictions and conditions (including conditions as to appointment of the officers and other employees of the Tobacco Export Promotion Council, in the event of the said Council being wound up) as may be prescribed, the Board may appoint such other officers and employees as may be necessary for the efficient performance of its functions. (5) The Chairman, the Executive Director, the Secretary and other officers and 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[10A. Registration of growers of virginia tobacco seedlings for commercial purposes.-- (1) No
person shall grow virginia tobacco seedlings for commercial purposes unless he registers himself as a
nursery grower with the Board in accordance with the rules made under this Act.
Explanation.-- For the removal of doubts, it is hereby declared that nothing in this sub-section shall apply to the growing by a registered grower of any virginia tobacco seedlings for his own use. (2) No registered nursery grower shall sell or cause to be sold any virginia tobacco seedlings grown by him to any person other than a registered grower.]
1 Ins. by Act 57 of 1985, s. 4 (w.e.f. 1-12-1985).
(1) The Board may appoint such committees as may be necessary for
the efficient discharge of its duties and performance of its functions under this Act.
(2) The Board shall have the power to co-opt as members of any committee appointed under sub-section (1) such number of persons who are not members of the Board as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in the proceedings of the committee but shall not have the right to vote. No person shall export tobacco
or any tobacco products or function as a packer, auctioneer of, or dealer in, tobacco unless he registers
himself with the Board in accordance with the rules made under this Act.
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