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