Union of India - Act
The Tea Rules, 1954
UNION OF INDIA
India
India
The Tea Rules, 1954
Rule THE-TEA-RULES-1954 of 1954
- Published on 25 March 1954
- Commenced on 25 March 1954
- [This is the version of this document from 25 March 1954.]
- [Note: The original publication document is not available and this content could not be verified.]
1723.
S.R.O.1026, dated the 25th March, 1954. - In exercise of the powers conferred by Section 49 of the Tea Act, 1953 (29 of 1953), the Central Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section, namely:1. Short title.- These Rules may be called the Tea Rules, 1954.
2. Definitions.- In these rules, unless the context otherwise, requires,-
3. Office of the Board. - The Office of the Board shall be located at Calcutta.
4. Constitution of the Board and manner of filling vacancies. - (1) The Board shall consists of a Chairman and the following other members who, in the opinion of the Central Government are capable of representing the various categories mentioned in clauses (a) to (h) of sub-section (3) of Section 4 of the Act:
(a)(i)one person representing the Government of Assam;(ii)one person representing the Government of West Bengal;(iii)one person representing the [Tripura Administration] [Substituted by S.R.O. 1986, dated 16th May, 1957](iv)one person representing the Government of Madras;(v)one person representing the Government of Punjab;(vi)one person representing the Government of [Kerala]; [Substituted by S.R.O. 1986, dated 16th May, 1957](b)[ three persons representing Parliament (two for the Lok Sabha and one for the Rajya Sabha)] [Substituted by S.R.O. 1986, dated 16th May, 1957](c)thirteen persons representing owners of tea estates and gardens and growers of tea;(d)seven persons representing persons employed on tea estates and gardens;(e)three persons representing dealers including both exporters and internal traders of tea;(f)two persons representing manufacturers, who manufacture and pack tea in containers up to [6 kilograms]; [Published in the Gazette of India, Extraordinary, 1954, Pt. II, Section 3, page 415](g)[two] [Substituted by S.R.O. 1986, dated 16th May, 1957] persons representing consumers;(h)four persons representing other interests.5. Term of Office. - [1) A member of the Board shall hold office for such period not exceeding three years from the date of his appointment as may be specified by the Central Government while notifying his appointment:
Provided that a Member of Parliament appointed to the Board in pursuance of clause (b) of rule 4 shall cease to be a member of the Board if he ceases to be a member of the House from which he was appointed :Provided further that a member appointed to the Board in pursuance of clause (a) of rule 4 by virtue of his office shall cease to be a member when he ceases to hold such office.Provided further that subject to the provisions of the preceding provisions, the term of office of any member holding office immediately before the 1st January, 1958, shall be three years from the date of his appointment.] [Substituted by S.R.O. 1986, dated 16th May, 1957]6. Resignation. - (1) A member of the Board may resign his office by writing under his hand addressed to the Chairman.
7. Removal from the Board. - The Central Government may remove any member from his office :
8. Absence from India. - (1) Before a member of the Board leaves India:
(a)he shall intimate the Secretary the date of his departure from, and the date of his expected return to, India, and(b)if he intends to be absent from India for a longer period than six months, he shall tender his resignation.9. Vice-Chairman. - [(1) The Board shall, at the last meeting held before the 31st March every year elect, from amongst its own members a person to be the Vice-Chairman who shall hold office from the 1st April of that year up to the 31st March of the following year:
Provided that in any year in which the term of office of all the members expires on the 31st March, the Vice-Chairman shall be elected at the first meeting held after the 31st March.] [Substituted by G.S.R. 713, dated 15th June, 1960]10. Minimum number of meetings of the Board. - The Board shall hold a meeting at least once in every quarter.
11. Power to call meetings. - (1) The Central Government may at any time call a meeting of the Board.
12. Appointment of Committees. - [(1) The Board shall, at the first meeting held after the 31st March, every three years, appoint the following Standing Committee, namely :-
(a)an Executive Committee [***](b)two Licensing Committee, one for North India and one for South India [***] [Omitted by G.S.R. 207, dated 8th February, 1962](c)[ an Export Promotion Committee] [Inserted by G.S.R. 452, dated 23rd March, 1961] [and] [Inserted by G.S.R. 207, dated 8th February 1962](d)[ a Labour Welfare Committee] [Inserted by G.S.R. 207, dated 8th February, 1962]and each such committee shall function up to the 31st March of the third financial year beginning from the year in which it is appointed.] [Substituted by S.R.O. 153, dated 1st January, 1958]13. [ Functions of Committees. [Substituted by G.S.R. 207, dated 8th February, 1962] - The Executive Committee, the Licensing Committee and the Labour Welfare Committee shall discharge such functions and exercise such powers, not being those mentioned in Rule 18 as may be delegated to them by the Board.] [Inserted by G.S.R. 207, dated 8th February, 1962]
13A. [ Powers of the Export Promotion Committee. [Inserted by G.S.R. 452, dated 23rd March, 1961.] - The Promotion Committee shall exercise all the executive and financial powers of the Board in respect of matters relating to Tea Promotion subject to the overall control of the Board.] [Inserted by G.S.R. 452, dated 23rd March, 1961]
14. Absence from meetings of a Committee. - Any member of a Committee absenting himself from three consecutive meetings without leave of the Chairman shall be deemed to have vacated his seat on the Committee.
14A. [ Term of Office of Members of Committee who are Members of Board. [Inserted by G.S.R. 749, dated 18th August, 1958] - A member of the Board ho is a member of a Committee shall on his ceasing to be member of the Board cease tote a member of the Committee.]
15. [ Filling of vacancies on Executive and Standing Committees. [Substituted by G.S.R. 518, dated 2.5.1960] - Any vacancy on the Executive Committee or a Standing Committee shall be filled by election at the next meeting of the Board or the meeting subsequent thereto, and the person so elected shall hold office so long as the member whose place he fills would have been entitled to hold office, if the vacancy had not occurred :
Provided that where a vacancy in the office of member of the Executive Committee is caused by reason of the election of a member of that Committee to be Vice-Chairman, any person elected in such vacancy shall hold office only so long as the Vice-Chairman continues in office.]16. Business by Circulation. - (1) Any business which the Board or Committee is required to transact may, if the chairman of the Board or of the Committee so directs, be referred by circulation of papers to members, and any resolution or proposal so circulated and approved by the majority of members who have recorded their views in writing shall be as effectual and binding as if such resolution or proposal were decided by a majority of votes at a meeting.
Provided that at least ten members of the Board or a majority of the members of the Committee as the case may be, have recorded their views on the resolution or proposal:Provided further that a when a resolution or proposal is referred by circulation of papers, any five members of the Board or three members of the Committee, as the case may be, may require that the resolution or proposal be referred to a meeting and thereupon such reference shall be made to a meeting of the Board or the Committee.17. Record of Business. - (1) A record shall be maintained of all business transacted by the Board or its Committees, and copies of such record shall be submitted to the Central Government:
Provided that the records of business of a routine nature transacted by the Licensing Committees by circulation need not be submitted to the Central Government.18. Restriction on Delegation of Powers. - (1) The Board shall not delegate any administrative or financial power to any Committee other than the Executive Committee [or the Export Promotion Committee]. [Substituted by G.S.R. 518, dated 2.5.1960]
19. Appointments. - Save as provided for in Section 9 of the Act, all appointments to posts of officers and employees under the Board shall be made by the Board :
Provided that no appointment to any post of which the maximum salary exceeds Rs.500 per mensem shall be made without the previous sanction of the Central Government.20. Creation and Abolition of Posts. - The Board may on its own authority create and abolish posts carrying a maximum salary not exceeding Rs.500 per month and with the previous sanction of the Central Government, other posts.
20A. [ An advance for building a new house (including purchase of land for the purpose) or for purchase of a ready-built house or for enlarging living accommodation of an existing house owned by an officer of the Board appointed by the Central Government [***] [Inserted by S.R.O. 2495, dated 30th July, 1957] may be granted to such officer at such rates and conditions as may be admissible to officer holding comparable posts under the Central Government in accordance with the rules of the Central Government for the time being in force. The grant of advance is subject to the availability of funds under the head 'Advances recoverable bearing interest'. The Board, the Executive Committee and the Chairman shall have power to grant advances up to the amounts specified below :
Board-over Rs. 20,000.Executive Committee-up to Rs. 20,000.Chairman-up to Rs. 5,000.]21. Allowances and remunerations. - Save with the previous sanction of the Central Government no remuneration other than travelling allowance and halting allowance shall be paid to any member of the Board on account of his service as such.
22. Export of Tea. - Any tea estate or sub-division of a tea estate shall, on application made in this behalf in accordance with the Rule 23 to the Board for allotment of an export quota, have the right to receive an export quota;
Provided that no tea estate or a sub-division of a tea estate, which ceased production for three or more consecutive seasons since the commencement of the Act, shall be eligible to get an export quota in the financial year following such three or more consecutive seasons, unless it has resumed production during the season corresponding to the financial year.23. Application for export quota. - (1) Application for export quota for any financial year shall be made in such form, as may be specified by the Board, and shall reach the Board not later than the 1st day of February of the preceding financial year.
24. Crop basis. - (1) The crop basis of a tea estate or a sub-division of a tea estate for any financial year shall be the best crop in any of the four calendar years previous to the preceding financial year, due allowance being made for low producing areas [as provided in rule 25A]: [Inserted by S.R.O. 229, dated 19th January, 1955]
Provided that when a tea estate in production has no crop basis under this rule, the assessed crop of the estate for that year may be taken as its crop basis.[Explanation.] [Inserted by S.R.O. 229, dated 19th January, 1955] - In this sub-rule and in rule 25A, the expression "low producing area" means a tea estate or sub-division of a tea estate having an actual crop basis, as determined with reference to the area planted therein with tea on the first day of the financial year immediately preceding the financial year to which any application by the owner of such estate or sub-division under rule 23 relates, of less than [510 kilograms per hectare] [Substituted by G.S.R. 453, dated 25th March, 1961].25. Meaning of Crop. - (1) Crop in the preceding rule shall after the commencement of the Act, be construed as meaning the yield or production of manufactured tea i.e., tea whether black or green produced in the usual manner for sale in the market and as shown in the return in form R.T.3 submitted to the Central Excise authorities under the Central Excise Rules, 1944;
Provided that in the absence of returns in form R.T.3 the Board may determine the crop of a tea estate of sub-division of a tea estate in such manner as it thinks best.25A. [ Application for allowance for low producing area. [Inserted by S.R.O. 229, dated 19th January, 1955]-(1) An application for making, in the calculation of the crop basis, an allowance on account of the area being a low producing area may be made to the Board along with the application for export quota under rule 23.
26. Export quota and Crop basis. - Export quota of a tea estate or sub-division of tea estate, that is, the total quantity of tea which may be exported by the owner of the tea estate or sub-division in any financial year shall be an amount bearing to the crop basis of that estate the same proportion as the export allotment in the financial year in question bears to the total of the crop basis of all the tea estates and sub-divisions of tea estates in India for that year and when the export allotment is altered under proviso to Section 19 of the Act, the export quota shall be deemed to be altered accordingly.
Provided that when an export quota of a tea or a sub-division of a tea estate has been reduced in consequence of an alteration or alterations during the financial year of the export allotment, any tea exported by the owner of a tea estate or sub-division of a tea estate in accordance with the export quota, as subsisting for the time being, which is in excess of the amount permitted to be exported in accordance with the export quota as finally revised for the year, shall be excluded from the computation of the total quantity of tea which may be exported by that owner during the financial year.27. Inspectors and Assessors to assist in the determination of Crop basis.- The Board may appoint Inspectors or Assessors for the purpose of assisting in the determination of the crop basis, and in the discharge of its other duties. The Board may pay to them such fees as it may decide as well as actual travelling expenses.
28. Licence Fees. - The Board shall charge and collect a licence fee for every export licence, special export licence, or permit issued by it at the rate of [rupees two and twenty naye paise per metric tone] [Substituted by G.S.R. 453, dated 25th March, 1961] or part thereof:
Provided that the owner of a tea estate or a sub-division of a tea estate to which a quota has been allotted under Section 20 of the Act may make, or the Board may require him to make, a consolidated payment of export licence fees at the rate fixed under the rules to cover the whole of the quota.29. Copy of Accounts of quota to be furnished to Tea Estates. - A copy of the account of export quotas maintained by the Board under sub-section (1) of Section 23 of the Act shall be furnished, on application, to the owner of a tea estate or sub-division of a tea estate who shall be required to pay a fee of Rs.1 in respect of each copy required.
30. [ Planting of Tea. [Substituted by S.R.O. 2791, dated 20th November, 1956] - (1) Any person desirous of planting tea on land not planted with tea shall apply to the Board in writing within such date as may from time to time be notified by the Board in this behalf and shall furnish such survey maps and other particulars as may be required.
30A. [ Grant of permission by the Board.-] [Inserted by S.R.O. 2791, dated 20th November, 1956] (1) The Board may inspect or cause to be inspected any land in respect of which an application for permission to plant tea has been made and the records relating thereto for the purpose of satisfying itself as to the accuracy of any survey map and generally for the purpose of enabling it to dispose of the application.
30B. [ Establishment and Extension of Tea Seed Baris.-] [Inserted by G.S.R. 353. dated 20th March, 1959]Notwithstanding anything contained in rules 30 and 30A, any person desirous of establishing or extending tea seed baris shall apply separately to the Board in writing and the Board may grant or refuse the permission applied for or may grant it in part only, as it may think fit.
Explanation.-In this rule,"tea seed ban" means an area planted with the plant Camellia Sinoensis (L) O. Kuntze for the sole purpose of growing seeds used for propagating the plant and not used for any other purpose, save with the permission of the Board.31. [ Permission to Plant Tea. [Substituted by S.R.O. 580, dated 2nd March, 1956] - The owner of a tea estate desires of replacing tea areas by planting tea on area not planted with tea, shall apply to the Board in writing and shall submit such particulars as may be required by the Board :
Provided that permission to replace shall not be granted, in respect of each five year period subsequent to the 31st day of March, 1955, for an area exceeding ten per cent, of the total permissible [area] of the tea estates at the commencement of each such period :Provided further that uprooting of tea bushes over the area so replaced shall be completed within a period of [eight] [Substituted by G.S.R. 1293, dated 27th October, 1960] years from the date of permission.]32. Form to be used. - The forms set out in [Schedule II] [Substituted by S.R.O. 229, dated 19th January, 1955.] shall be used for the purpose of provisions of the Act referred to in each form. The Board may either generally or in any particular case require such additions as it may consider necessary to be made to any such form.
33. Collection of Duty of Customs. - The duty of customs levied under Section 25 of the Act shall be collected by the same agencies and in the same manner as specified under the Sea Customs Act, 1878 (8 of 1878) or as the case may be, the Land Customs Act, 1924 (19 of 1924).
34. Budget Estimates. - (1) The Board shall in each year prepare a budget for the ensuing year and shall submit it for the sanction of the Central Government on or before such date as may be appointed by that Government.
35. Accounts of the Board. - (1) The Board shall maintain accounts of all receipts and expenditure relating to each year.
36. Power to Incur Expenditure. - (1) Subject to the provisions of the Act and these rules the Board may incur such expenditure as it may think fit and write off losses up to Rs.5,000 in any one case and may delegate to the Executive Committee or to the Chairman, [Secretary or any other Officer of the Board] [Substituted by S.R.O. 1262, dated 17th April, 1954] such financial powers as it may consider expendient.
Provided that, save with the sanction of the Central Government no expenditure shall be incurred which is in excess of the sanctioned budget allotment under any head.37. Borrowing Powers. - The Board may with the previous sanction of the Central Government borrow on the security of the Tea Fund or any other of its assets for meeting its expenses or for any other purposes referred to in Section 10 of the Act;
Provided that no loan shall be taken which is repayable later than six months from the date of the loan.38. Contracts. - (1) The Board may enter into contracts provided that every contract which extends over a period of more than three years or involves expenditure in excess of Rs.1,00,000 shall require the previous sanction of the Central Government.
39. [ Payments from the Tea Funds. [Substituted by S.R.O. 1477, dated 30th June, 1956] - (1) All payments made by the Central Government to the Board under Section 26 of the Act out of the proceeds of the cess levied under sub-section (1) of Section 25 of the Act shall be debited to the Major Head '43-Industries and Supplies'.
40. Sending persons abroad. - The Board shall not send any officer of the Board or any member of the Board to places outside India without the previous sanction of the Central Government.
[SCHEDULE I] [Substituted by G.S.R. 453, dated 25th March, 1961][See Rule 25A]Allowances for low producing areas| Lowproduction actual crop basis of the estate kgs. per hectareAllowance in Kilogram per hectare. | ||||
| Not more than | 314 | 54 | ||
| More than | 314 but not more than 317 | |||
| Do. | 317 | Do. | 321 | 54 |
| Do. | 321 | Do. | 322 | 54 |
| Do. | 323 | Do. | 326 | 54 |
| Do. | 326 | Do. | 330 | 54 |
| Do. | 330 | Do. | 333 | 54 |
| Do. | 333 | Do. | 335 | 54 |
| Do. | 335 | Do. | 338 | 54 |
| More than | 338 but not more than 342 | 54 | ||
| Do. | 342 | Do. | 345 | 54 |
| Do. | 345 | Do. | 349 | 54 |
| Do. | 349 | Do. | 351 | 54 |
| Do. | 351 | Do. | 354 | 54 |
| Do. | 354 | Do. | 361 | 54 |
| Do. | 361 | Do. | 363 | 53 |
| Do. | 363 | Do. | 367 | 52 |
| Do. | 367 | Do. | 370 | 50 |
| Do. | 370 | Do. | 370 | 49 |
| Do. | 367 | Do. | 373 | 48 |
| Do. | 373 | Do. | 377 | 47 |
| Do. | 379 | Do. | 381 | 46 |
| Do. | 381 | Do. | 384 | 45 |
| Do. | 384 | Do. | 387 | 44 |
| Do. | 387 | Do. | 391 | 43 |
| Do. | 391 | Do. | 395 | 41 |
| Do. | 395 | Do. | 398 | 40 |
| Do. | 398 | Do. | 401 | 39 |
| Do. | 401 | Do. | 405 | 38 |
| Do. | 405 | Do. | 407 | 37 |
| Do. | 407 | Do. | 410 | 36 |
| Do. | 310 | Do. | 414 | 35 |
| Do. | 414 | Do. | 417 | 34 |
| Do. | 417 | Do. | 419 | 33 |
| Do. | 419 | Do. | 423 | 31 |
| Do. | 423 | Do. | 426 | 30 |
| Do. | 326 | Do. | 429 | 29 |
| Do. | 429 | Do. | 433 | 28 |
| Do. | 433 | Do. | 435 | 27 |
| Do. | 435 | Do. | 438 | 26 |
| Do. | 438 | Do. | 442 | 25 |
| Do. | 442 | Do. | 445 | 24 |
| Do. | 445 | Do. | 447 | 22 |
| Do. | 447 | Do. | 451 | 21 |
| Do. | 451 | Do. | 454 | 20 |
| Do. | 454 | Do. | 457 | 19 |
| Do. | 457 | Do. | 461 | 18 |
| Do. | 461 | Do. | 463 | 17 |
| Do. | 463 | Do. | 466 | 16 |
| Do. | 466 | Do. | 470 | 15 |
| Do. | 470 | Do. | 473 | 13 |
| Do. | 473 | Do. | 475 | 12 |
| Do. | 475 | Do. | 479 | 11 |
| Do. | 479 | Do. | 482 | 10 |
| Do. | 482 | Do. | 485 | 9 |
| Do. | 485 | Do. | 489 | 8 |
| Do. | 489 | Do. | 491 | 7 |
| Do. | 491 | Do. | 494 | 6 |
| Do. | 494 | Do. | 498 | 4 |
| Do. | 498 | Do. | 501 | 3 |
| Do. | 501 | Do. | 506 | 2 |
| Do. | 506 | Do. | 511 | 1 |