(3)(a)The Board may also grant permission to a person, not being the owner of a tea estate and not having large interest, directly or otherwise, in the management and ownership of a tea estate to plant on land not planted with tea, provided that the person proves to the satisfaction of the Board that---(i)he owns the land in respect of which permission to plant tea is applied for;(ii)he is able to finance the undertaking, including the erection of a factory where necessary; and(iii)the land is suitable for tea plantation as regards the nature of the soil and climate conditions.(b)The area of land in respect of which permission may be granted shall not exceed in any one case [60 hectares] [Substituted by G.S.R. 453, dated 25th March, 1961] where the applicant is an individual proprietor or a partnership and [120 hectares] [Substituted by G.S.R. 453, dated 25th March, 1961] where the applicant is a limited liability company.(c)No permission shall be granted where in the opinion of the Board the area in respect of which permission has been applied for is, having regard to the circumstances of the case, too small for an economic planation.Explanation 1.-A company or firm the management or ownership of which is controlled by a person or persons already holding substantial interests in tea plantation shall be regarded as a person having large interest in the management or ownership of a tea estate.Explanation 2.-A capital outlay of [Rs.2500 per hectare] [Substituted by G.S.R. 453, dated 25th MArch, 1961] for plantation and [Rs.125 per hectare] [Substituted by G.S.R. 453, dated 25th MArch, 1961] for factory shall ordinarily be considered as the standard requirement of finance in respect of applications from newcomers for areas exceeding [5 hectares] [Substituted by G.S.R. 453, dated 25th MArch, 1961]:Provided that the applicant is able to show that he is in a position to command the necessary finance, permits shall be issued to the extent up to which finance can be commanded.Applications from 'newcomers' who are genuine agriculturists, for an area not exceeding 10 acres shall, however, be exempted from the condition regarding production of evidence of financial ability.[3A) Subject to the limitations set out in Section 13 of the Act, nothing in sub-rule (2) of clause (b) of sub-rule (3) shall apply to the grant of permits for the purpose of establishment and extension of tea seed baris.] [Substituted by G.S.R. 353, dated 20th March, 1959]
