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Union of India - Section

Section 34A in The Tobacco Board, Rules, 1976

34A. Procedure and principles for grant of registration as curer.

(1)The Board shall constitute a Committee (hereinafter in this rule and rule 34B referred to as the Committee) consisting of five members of the Board to scrutinize the applications for registration or renewal of registration under rule 34.
(2)On receipt of applications for registration or renewal of registration under rule 34 the Secretary or other officer authorized under sub-rule (1) of the said rule shall make such inquiry as he deems necessary and shall submit the applications with his recommendations to the Committee constituted under sub rule (1).
(3)For the purpose of any inquiry under sub-rule (2) the Secretary or other officer referred to in the said sub-rule may call for such further information as he deems fit from any applicant and such applicant shall furnish such further information within the period specified by the Secretary or other officer, and if the information so called for is not furnished by the applicant, the Committee may reject the application.
(4)Subject to the provisions of sub-rule (3) the Committee shall consider the applications for registration or its renewal in accordance with sub-rule (8) and take such decision there on either granting or renewing registration or refusing to grant or renew such registration as it deems fit.
(5)Where the Committee rejects the grant of registration or its renewal under sub-rule (3) or refuses to grant registration or renewal under sub-rule (4) it shall record the reasons for such decision.
(6)The decision of the Committee refusing registration or its renewal along with the reasons for such decision shall be communicated by the Secretary or other officer authorized under sub-rule (2) to the applicant within fifteen days from the date of the decision.
(7)Where the application for registration or its renewal is refused by the Committee the fee paid by the applicant along with the application, shall, subject to the orders passed on the representation, if any, made under sub-rule (9) be refunded to the applicant after deducting there from the cost, if any, of remitting such amount to the applicant, as soon as may be after thirty days of the date of the decision, but not later than fifteen days after the limitation for making the said representation expires or, as the case may be, the Board passes the order on the representation.
(8)
(a)In registering or renewing the registration or refusing to register or renew the registration of a person as a curer of Virginia tobacco, regard shall be had to -
(i)the equipment and other facilities which the applicant has and the experience of the applicant in curing Virginia tobacco;
(ii)the production policy of the Board regulating production;
(iii)the total quantity of tobacco expected to be cured in a particular region;
(iv)the total number of persons seeking registration as curers; and
(v)such other factors as the Committee may deem fit.
(b)In renewing or refusing to renew registration as a curer, in addition to the matter mentioned in clause (a) regard shall be had also to whether the registers required to be submitted by the curer are being maintained and submitted or not, and his past conduct in complying with the provisions of the Act, these rules, any regulations of the Board, conditions of registration and stipulations that may be made by the Board from time to time.
(9)Any person, whose application for registration or its renewal as a curer has been refused by the Committee, may represent to the Board for a revision of the decision of the Committee within thirty days of the communication of the decision to such person and the Board shall, after giving the person concerned a reasonable opportunity to explain, pass such order thereon as it deems fit.