REGISTERED No. D. (D).72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 576] NEW DELHI, TUESDAY, DECEMBER 23, 1980/PAUSA 2, 1902
Separate paging is given to this Part in order that it may be filed as a separate compilation
1092 GI/80
(1915)
1916 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3
1917
1918 THE CAZhlTE OF INDIA : EXTRAORDINARY (PART II—SEC. 3(ii)]
(2) All the words and expressions used in this order and not defined but defined in the Tea Act, 1953 (29 of 1953), sfwll have the meaning respectively assigned to them in that Act.
3. Warehouse owners to obtain licence.—No warehouse owner shall carry on the activities of storing, blending or packaging of tea except under a licence and in accordance with, the provisions of this Order ;
Provided that no licence shall be required by any Port Trust Authority established under the authority of any law for the time being in force.
4. Application for Licence—Every person desiring to ob- tain a licence shall make an application, in duplicate, to the Licensing Authority in Form. 'A'.
5. Grant or refusal of licence.—<1) The licensing Author'*" may, for reasons to b? rccnnlc) in wr;ting, refuse to gram a licence to any applicant and shall furnish him with, a copy of the order so passed.
(2) Where an application for licence is not refused under sub-clause (1), the Licensing Authority shall grant the appli- cant a licence in Form 'B\
6. Period of validity of licence.—(1) A licenco issued under this Order, unless cancelled or suspended earlier, shall be valid until thei 31st December of the yeair in which it Is issued and may be renewed for one- year at a time.
MINISTRY OK COMMERCE
(Department of Commerce)
ORDER
New Delhi, the 23rd December, 1980
(2) Every application for renewal of a licence shall be accompanied by the licence which is sought to be renewed and shall be made not less than thirty days before the date of expiry of the licence which is sought to be renewed.
7. Fee for licence.—The fee payable for the grant or renewal of a licence shall be rupees fifty and rupees ten respectively.
The Tea Warehouses (licencing) Orfar, 1980
S.O, 983(E).—In exercise of the powers conferred by sub- sections (3) and (5) of section 30 of the Tea Act 1953 (29 of 1953), the Central Government hereby makes the following Order, namely :—
1. (Short title and commenment.—(1) This order may be called the Tea Warehouses (Licensing) Order, 1980.
(2) It shall come into force on the date of its publication in the Official Gazelle.
2. Definitions.—(1) In this Order, unless the context other-
wise requires ;—
(a) "Ad" means the Tea Acl, 1953 (29 of 1953) ;
(b) "Chairman" means the Chairman of the Tea Board and includes any person exercising, for the time being, the powers of the Chairman ;
(c) "Form" means a form appended to this Order ;
(d) "Licence" means a licence granted under this Order ;
(e) "Licensee" means a holder of a licence ;
(f) "Licensing Authority" means the Chairman or Deputy Chairman or any other Officer of the Tea Board so authorised by the Central Government in this be- half ;
(g) "Tea Board" means the Tea Board established under
section 4 of the Act ;
(h) "Warehouse" means a covered shed or godown having a floor area measuring not less than 5,000 square feet wherein storing, blending or packaging of tea is done ;
(i) "warehouse owner" means a person who owns a warehouse or who carries on the activities of storing, blending or packaging of tea by taking lea^c of a warehouse,
8. Duplicate licence,—If the Licensing Authority is satisfied lh-.it licence issued under this Order is defaced, lost, destroyed or otherwise rendered unless, the Licensing Authority may, on application made In that behalf and on payment of a fee of rupees ten issue a duplicate licence,
9. Conditions of licence.—(1) Every licence shall be deemed to have been gTartcd or renewed personally in favour of the licensee and shall not be transferable.
(2) Where a licensee sells or otherwise transfers his busi- ness to another person, the purchaser or transferee, as the case may be, shall obtain fresh licence in his favour in accordance with the provisions of this Order,
(3) Tf a licensee enters into a partnership in regard to the business covered by his licence, he shall report the fact to the licensing authority within thirty days of his entering into such partnership and shall get the licence Suitably amended and thereupon the partner as well as the original holder of the licence shall be bound by the conditions of the licence as amended.
(4) If a partnership is dissolved, every person who was a partner immediately before such dissolution shall send a report of the dissolution to the licensing authority within thirty days thereof,
(5) Every licensee shall produce his licence for inspection on demand by an official of the Ten Board duly authorised by the Licensing Authority in this, behalf.
(fi| Where any licensee intends to close his business, he shrill intimate his intention in this hehaif to the Licensing Authority at V;asl one month in advance of the proposed closure.
(7) The Licensing Authority may lay down norms for production, storage, blending, packaging of tea in consulta- tion with the Tea Industry.
1919
(8) The Licensing Authority before granting the license shall satisfy himself that the person in whose favour the license is to be granted :—
(a) has the required facilities for ensuring proper blend-
ing, packaging or storage of tea ;
(b) shall not carry on the business in a manner detri-
mental to the tea industry.
(9) Every licensee shall comply with the directions given by the Licensing Authority from time to time regarding the handling of tea by the persons., engaged in the warehouses.
(10) Suspension or cancellation of licence.—(1) the Licens- ing Authority may, after giving the holder of a licence an opportunity of being heard, cancel or suspend the licence on the ground that any of the provisions of this Order or any conditions of the Licence have been contravened.
(2) Every order suspending or cancelling a licence shall be in writing and shall specify the reasons for the suspension or cancellation and shall be communicated to the licensee within fifteen days of the passing of such ordci.
(3) Where a licence is suspended or cancelled under this Order, the holder of a licence shall not be entitled to claim from the Tea Board or the Central Government any compen- sation or refund of licence fee for such suspension or can- cellation.
(11) Appeal.—Any person aggrieved by an Order of the Licensing Authority under clause 5(1) or clause 10 may, within a period of two months from the date of receipt by him of the order, prefer tin appeal to the Central Govern- ment and the Central Government may, after making such inquiry as it thinks fit and after giving the applicant an opportunity of being heard, confirm, reverse or modify the order,
(12) Maintenance of accounts etc.—(1) The Licensing
Authority may issue directions to any licensee :—•
(a) to maintain such records of the volume of business carried on by the warehouse during a particular period and the number of persons engaged in the warehouse and other particulars with, regard to such persons,
(b) to submit to the Licensing Authority the returns oi statements in such form and containing such infor- mation relating to his business and within such time as may be specified in the direction,
(c) to produce for inspection to such officer of the Tea Board as may be authorised in this behalf by the Licensing Authority such books of accounts and records relating to his business as may be specified in the direction.
(2) Any direction of the nature referred to in sub-clause (1) may be issued either generally to all licensees or to any class or category of licensees as the circumstances may re- quire.
(13) Service of orders and djrections.—Any order or direc- tion made or issued by the Licensing Authority or by any authority under this Order shall :—
(a) in the case of an order or direction to the licensees in general or to a class or category of licensees be notified in the Official Gazette, and
(b) in the case of an order or direction to a particular
licensee, be served on such licensee :—
CO by delivering or tendering it to that licensee, or
(ii) where it cannot be so delivered or tendered, by affixing it on the outer door or some other cons- picuous part of the premises in which that licensee lives, or carries on business, or personally works for gain and a written report thereof shall be prepared and witnessed by two persons living ID the neighbourhood.
(14) Power of entry, search and seizure.—(1) The Licensing Authority or any officer of the Tea Board specially authorised by it in writing in this behalf may enter and search any ware- house for the purpose of ensuing compliance with the provi- sions of the Order and may seize any tea or product of tea which appears to be stored, blended or packaged in contra- vention of the provisions of this Order.
(2) Any officer taking action under this clause shall submit a report to the Licensing Authority within twenty four hours of taking such action.
(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches ard seizures, shall, so far as may be, apply to every search or seizure made under this order.
FORM 'A'
(See Clause 4)
Application for registration under Clause 3 of the Tea Ware- house (Licensing) Order, 1980
ORIGINAL*
DUPLICATE
To
The Licensing Authority, Tea Board, 14, B.T.M. Sarani (Brabourne Road), Calcutta-1.
Sir,
1/Wc* apply for registration for carrying on the activities
cf storing/blending/packaging of tea.
1/Wc* furnish the necessary particulars below :—
(1) Name of the Applicant (in block letters) :
12) Full address (to which correspondence should be
sent)
(3) Full address of the warehouse where the applicant
intends to do storing/blending/packaging of tea :
(4) Floor area of the warehouse —
(5) Number and category of workers/labour
(6) Whether the warehouse owner holds the warehouse on his own account or on lease Or on permission from the owner.
(7) Nature of business (storing/blending/packaging etc.)
to be carried out in the warehouse
(8) Whether the operations stated at (7) above are cairied out on his own account or on behnlf of other person, and if so, furnish the names ^.nd address of the Principal(s).
(9) Amount of fees paid —
2. I/We have carefully read and understood the Tea Ware- hciise (Licensing) Order, 1980, and hereby agree to al\di by the provisions of the said Order.
YOJIS faithfully,
Signature of the ..rplieuntfs)
Place
Dili
(* score out the word not applicable)
mb
T t t fi G A z E f i fc OP 1 N E > IA
' •: E X T R A O R D I N A RY
pOR\f 'B'
(See Clause 5)
TEA BOARD
Licence for currying on the activities of Storing/Blending/ Packaging of Tea
(Not Transferable^)
Issued under Clause 5 of the Ten Warehouse (Licensing) Order, 1980.
If, BraboLirne Read,
(1)1.M. Sarmv),
CaItutta-1, D a t e d —— — —
Licence Mo
L P A R T1 t l —S E C. 3 6 D]
Shr/Sarvashri is/arc hereby authorised to carry on the business of storing/blending/packaging of tea asflLicensee in terms of the Tea Warehouse (Licensing) Order, 1980.
T!iis licence is valid upto and including 31s: December. I'J .. . unless cancelled or suspended before that date inder Clause ID of the Tea Warehouse (Licc/is'.i.}) order, 19^0.
Chairman,. Tea Hotifd
Licenses Atilh >ri!7
(score out the word not applicable)
[No K-llO"2(2)/8O-Plant(A)l
D. W TliLAMJ, Join S"y.