REGISTERED No. D.(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No.
374]
NEW DELHI, THURSDAY, DECEMBER 28, 1978/PAUSA 7, 1900
Separate paging is given to this Part in order that it may be filed as a separate
compilation.
990 GI/78
(1201)
1202
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)J
MINISTRY OF COMMERCE, CIVIL SUPPLIES AND
COOPERATION
(Department of Commerce)
NOTIFICATION
New Delhi, the 28th December, 1978
GAR. 596(E).—In exercise of the powers conferred
by
section 32 of the Tobacco Board Act, 1975 (4 of 1975), the
Central Government hereby makes the following rules further
to amend the Tobacco Board Rules, 1976, namely :—
1. (1) These rules may" be called Tobacco Board (Second
Amendment) Rula, 1978.
(2) They shall come Into force from the date of their publi-
cation in the Official Gazette.
2. In the Tobacco Board Rules, 1976—
(0 (a) in rule 35, for the existing sub-rule (5), the fol-
lowing shall be substituted, namely :—
"(5) every person registered wjth the Board as
an
exporter, packer, auctioneer or dealer under sub-
rule (1) shall be given a certificate of registration
in Form VI, which may be issued subject to such
conditions as may bo imposed bv the Board from
time to time;"
1203
(b) for the existing Form VI under sub-rule (5), the fol-
lowing shall be substituted, namely :—
FORM VI
[See rule 35(5)]
FORM OF CERTIFICATE OF REGISTRATION AS
EXPORTER OF TOBACCO OR TOBACCO PRODUCTS
OR AS PACKER OR AUCTIONEER OF OR DEALER
IN TOBACCO
Valid for one year—
Registration No.
From
To
This is to certify that Messrs/Shri
has been registered with the Tobucco Board as an* exporter
of tobacco or its products or as a packer or auctioneer of, or
dealer in, tobacco under section 12 of 'the Tobacco Board
Act, 1975 (4 of 1975), and the rules made thereunder. This
certificate is issued subject to the following conditions
and
subject to such other conditions as may be imposed by the
Tobacco Boiiid from time to lime :•—•
(1) That the holder of this certificate shall abide by the
provisions of the Tobacco Board Act, 1975, and the
rules made thereunder;
(2)" That the holder of this certificate shall submit to the
Tobacco Board such returns as are required to
be
submitted by him;
(3) That the holder of this certificate shall comply with
all regulations, directions, orders, stipulatoins, terms
and conditions issued or which may be issued by the
Tobacco Board in pursuance of the provisions of the
Tobacco Board Act, 1975 or the rules made there-
under, and in particular, section 8 of the said Act,
Date
Signature of the
Registering Authority"
'Delete the categories not applicable.
(ii) in rule 36, for the existing sub-rule ll(a), the follow-
ing shall be substituted,
namely :—
"ll(a) In registering or renewing the registration
or
refusing to register or renew the registration
of
any person as an exporter of tobacco or tobacco
products as packer or auctioneer or dealer
in
tobacco, regard shall be had to the experience of
the applicant in matters relating to the export of
tobacco or tobacco products or in packing or auc-
tioning or dealing in tobacco, as the case may be,
and the conduct of such person in matters relating
to export of tobacco or tobacco products
or
packing or auctioning of tobacco or dealing
in
tobacco, such as, whether the exporter or
the
dealer, as the case may be, has been Issuing
to
the grower or other dealer from whom tobacco i»
purchased a leaf purchase voucher
stipulated/
decided by the Tobacco Board indicating therein
the quantity, the grade, the rate per quintal and
the total amount due by way of price of
the
tobacco or tobacco product purchased and
whe-
ther he has been following and
observing
the
regulations, terms, conditions and stipulations of
the Tobacco Board, as may be issued/laid down
by the Tobacco Board from time to time relating
to the said voucher or any other measure under
section 8 of the Tobacco Board Act, 1975;"
(iii) (a) in rule 38, for the existing sub-rule (2) the follow-
ing shall be substituted, namely :—
"(2) Every person registered with
the Board
as a
curer of Virginia tobacco ai" as a
packer
or
auctioneer of, or dealer In tobacco, shall submit
to the Board at such intervals as may be laid
down by tho Board a return, in such form as may
be specified by the Board, showing the
virgjnln
tobacco cured or, as the case may be, the tobacco
packed, auctioned or bought or sold or otherwise
dealt with by such person In the preceding month."
(b) for the existing sub-rule (3Xa) the following shall be
substituted namely :—
"3 (a) Every person registered with the Board as
an
exporter of tobacco or tobacco products shall sub-
mit to the Board at such intervals as may be
laid down by the Board a return, in such form as
may be specified by the Board, showing,—
(i) the quantity of tobacco or tobacco products and
the value thereof In relation to the export
of
which firm contracts have been made or firm
orders received by such person during the pre-
ceding month;
(II) the quantity of tobacco or tobacco products and
the value thereof
exported
by such
person
during the preceding month;
(iii) the quantity of tobacco or tobacco products and
the value thereof In relation to the export
of
which contracts made or orders received arc yet
to be executed (wholly or partly) and the date
or dates on or before which such contracts or
orders are to be executed";
(Iv) after sub-rule (2Kb) of rule 39, the following shall
be added, namely :—
"(c) that if the person registered had contravened any
of the regulations, terms, conditions and stipulations
laid down by the Tobacco Board in respect of
measures laid down or introduced by Tobacco
Board in pursuance of any of the provision* of
the Tobacco Board Act and the Rules made there-
under and In particular section 8 of the Tobacco
Board Act, 1975: and such regulations,
terms,
conditions and stipulations as may be laid down
or Introduced by the Tobacco Board from time to
time relating to the
Tobacco
Leaf
Purchase
Voucher*, referred to in rule 36(1 l)(a)."
(v) after sub-rule (5) of rule 39, the following shall be
added, namely :—
"(6) Action under this rule shall be taken without pre-
judice to the action/prosecution under section 25
of the Tobacco Board Act, 1975."
[File No. 8/18/78-EP(Agri, vi)]
O. P. GUPTA, Desk Officer
PRINTED BY THE MANAGER, OOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064
*ND PUBLISHED BY THE CONTROLLER OP PUBLICATIONS, DELHI-110OJ4,
1978