Search Results on rules for query: "The Tobacco Board, Rules, 1976"
Related Section(s)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.
(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) 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) 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). |
