REGISTERED No. D- (D) -72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 36]

NEW DELHI, WEDNESDAY, AUGUST 30, 1978/BHADRA 8, 1900

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi, the 30th August, 1978/Bhadra 8, 1900 (Saka)

The following Act of Parliament received the assent of the President

on the 30th August, 1978, and is hereby published for general informa-

tion:—

THE TOBACCO BOARD (AMENDMENT) ACT, 1978

No. 36 OF 1978

[30th August, 1978.]

An Act to amend the Tobacco Board Act, 1975.

BE it enacted by Parliament in the

Twenty-ninth

Year

of

the

Republic of India as follows: —

1. This Act may be called the Tobacco Board (Amendment) Act,

1978.

2. In section 4 of the Tobacco Board Act, 1975 (hereinafter referred

to as the principal Act),—

(a)

for sub-section (3), the following sub-section shall be sub-

stituted, namely: —

" (3) The head office of the Board shall be at Guntur 1B 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 of ] 975.

Short

title.

Amend-

ment of

section

4.

(479)

480

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Amend-

ment of

section

8,

Amend-

ment of

section 13.

(b) in sub-section (4),—

(A) in clause (c),—

(i) for the word "seven",

the word "eight" shall be

substituted;

(ii) in sub-clause (vi), the word "and" occurring at the

end shall be omitted;

(iii) after sub-clause (vi), the following sub-clause shall

be inserted, namely: —

"(via) the Government of Gujarat; and";

(B) in clause (d), lor the words "other

than the States of

Andhra Pradesh and Karnataka",

the words "other than the

States of Andhra Pradesh, Gujarat and Karnataka"

shall be

substituted.

3. In section 8 of the principal Act, in sub-section (2), after clause

(c), the following clause shall be inserted, namely: —

" (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 regis-

tered with it subject to such conditions as may be specified by the

Central Government;".

4. In section 13 of the principal Act, the words "or established by the

Board under this Act" shall be Inserted at the end.

5. After section 14 of the principal Act, the following section shall

be inserted, namely: —

"14A. (1) Where Virginia tobacco is sold at any auction platform

established by the Board under this Act, it shall be competent for

the B^ard or for any officer of the Board authorised by It in this

behalf to levy fees, for the services rendered by the Board in rela-

tion 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.".

6. In section 32 of the principal Act, in sub-section (2), after clause

(h), the following clause shall be inserted, namely: —

" (hh) the manner of collection of fees under sub-section (2) of

section 14A;".

Inser-

tion of

new sec-

tion 14A.

Power

to levy-

fees.

Amend-

ment of

section 32.

SEC. 1]

THE GAZETTE OF INDIA EXTRAOBDINARY

48 T

7. In the Tobacco Cess Act, 1975,—

(a) in section 2, in sub-section (1),—

(t) clauses (a) and (b) shall be re-lettered as clauses (b)

and (c) respectively and before clause (b) as so re-lettered,

the following clause shall be inserted, namely: —

'(a) "auction platform"

means an auction platform

registered with the Board in accordance with the rules made

under the Tobacco Board Act, 1975 or established by the

Board under that Act;';

(ii) clause (c) shall bo omitted;

(b) in section 3, for the words "a registered auction platform"

wherever they occur, the words "an auction platfbrm" shall be sub-

stituted.

4 of 1975.

Amend-

ment of

Act 36 of

1975.

S. HARIHARA IYER,

Secy, to the Govt. of India.

PRINTED BY THE GENERAL MANACKR, GOVERNMENT OF INDIA PRESS, MINTO HOAD,

NEW DELHI AND PUBLISHED BY THE CONTROLI.ER OF PUBLICATIONS. DELHI,

1978