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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART II -Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 186] NEW DELHI, THURSDAY, APRIL 19, 1984/CHAITRA 30, 1906

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

compilation

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MINISTRY OF COMMERCE

(Department of Commerce)

ORDER

New Delhi, the 19lh April, 1984.

S.O. 313 (E).—In exercise of the powers con- ferred by sub-section (3) and sub-section (5) of section 30 of the Tea Act, 1953 (29 of 1953) the, Central Government hereby makes the following order, namely :—

(i) Short title and commcncement.^-This order may be called the Tea (Marketing) Control Order, 1984.

(ii) It shall come into force on the expiry of ninety days of its publication in the Official Gazette.

2. Definitions.—Tn this Order, unless the con- text otherwise requires :—

(a) "Act" means the Tea Act, 1953;

(b) "Board" means the Tea Board established under section 4 of the Act;

(c) "Chairman" means the Chairman of the Tea Board and includes any person ex- ercising for the time being powers of the Chairman;

(d) "Form" means a form appended to this Order;

(ej "licence" means a licence granted under paragraph 9 of this Order;

(f) "licence" means a holder of a licence granted under this Order;

(g) "licensing authority" means the Chair- man;

(h) "manufacturer" means a manufacturer of tea and includes bought leaf factories and cooperative tea factories;

(i) "organiser of tea auction" means any person, corporate body or association, whether registered or not, under whose control or auspices public auctions of tea take place;

(j) "registering authority" means the Chair- man;

(k) "registered manufacturer" means a manu- facturer registered under paragraph 3 of this Order.

3. Registration of manufacturer of tea.—(I) No manufacturer shall carry on the activities of manu- facturing tea except under a valid registration obtained under this Order in respect of each factory owned or controlled by him.

(2) Every person desiring to obtain a certificate of registration shall make an application to the registering authority in Form 'A'.

(3) The registering authority may, for reasons to be recorded in writing, refuse to grant a registra- tion to an applicant- and shall furnish him with a copy of the order so passed.

(4) Where an application for registration is not refused under sub-paragraph (3), the register- ing authority shall grant the applicant a certificate of registration "in Form *B\

4. Cancellation of Registration.—The register- ing authority may, after giving the manufacturer an opportunity of being heard, cancel the registra- tion on the following grounds, namely :—

(a) Closure of business by the manufacturer;

(b) Misrepresentation of any meterial fact by the applicant at the time of obtaining registration or subsequently;

(c) Violation by the manufacturer of any of the provisions of the Act or this Order.

5. Monthly returns.— Every registered manu- facturer' shall furniill to the registering authority a j?fefotiiry;Tdrurii iii'For-rn 'G' and sftJrerr other inf<"- niiiiion c.s the registering authority inay'.'-'by speteial or general order, call for from time to time..

6. Organiser of Tea Auction to obtain a lie- euce.-^.'fto Wfgariistiivoi: tea "auction shall, carry; on the business ot organising, holding or. comhtcting public tea auctions under its comroi or auspices except under a licence obtained in accordance with the 'provisions of this 'Order,

7. Broker in Tea Auction to obtain licence.— No person shall carry on the business of a broker ol tea in public tea auctions except under a licence obtained in accordance with the, provisions of this Order.

8. Application for licence.—Every' application for a licence referred to in paragraph 6 and para- graph 7 shall be submitted to the licensing autho- rity in Form 'D'.

9. Grant or refusal of licence.—-(I) The licensing authority may, for reasons to be recorded in writing, refuse to issue a licence to an applicant and shall furnish Jiim with a copy of the Order so passed.

(2) Where an application for licence is not refused under sub-paragraph (1), the licensing authority shall issue him a licence in Form 'E\

(3) Every applicant for a licence for carrying on the business of an organiser of public tea auc- tion shall, alongwith his application for a licence submit to the icensing authority the rules (by whatever name called) which would govern . the activities of the organisor, the names and addresses of the members' of its managing committee, (by whatever name called), the names, designations and addresses of persons authorised to authenticate the decisions of such managing* committees, the rules (by whatever name called) which would govorn the conduct of such public tea auctions held under its control and auspices, the- names 'and addresses of. the brokers associated with such public tea auctions and such other particulars as the lic- ensing authority may, from time to time, call for.

(4) If the licensing authority at may time during

the validity period of a l i c e n c e-

fa) has reason to believe that an organiser of tea auctions is indulging in or is likely to indulge in malpractices m the conduct of or relation to the public tea iuction held under its control or auspices

(b) for improving the efficiency of the pub-

lie'tea auction system, or;

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(c) to bring about uniformity in the proce- dure of public tea.; auctions held in various parts of the country;

issue directions to the organisers of' tea auctions either individually or collectively, andl yn. the re-' ceipt of such directions, every organiser of l^a" auction shall carry out the directions within "a period of thirty days from the dale oT receipt there- of.

10. Period of validity of a licence.—A licence issued¹ under this Order shall, unless cancelled before, expiry on the 31 st day of December follow- ing.

11. Renewal of licence.-—(1) Every application for a licence or a renewal thereof shall be sub- mitted to the licencing authority in Form T\

(2) The licensing authority may, on an applica- tion made to it and subject to the other provisions of this Order, renew a licence and issue a certificate in Form 'G*.

(3) Every application for renewal of a licence shall be submitted to the licensing authority not less than thirty days before the date of expiry of the licence except in cases where the licence has been issued on or after 1st December of that year,

12. Signing of Licence.—Every licence issued or renewed and every certificate of registration granted under this Order shall be signed by the licensing authority or the registering authority, as the case may be, or by any officer of the Board specifically authorised to do so by the licensing authority[regi- stering authority.

13. Fees.—Every application for the issue of a licenoe or renewal thereof shall be accompanied by the following fees, namely :—

for the first issue of a licence Rs. 500 for renewal of a licence . . .. Rs. 100

14. Conditions of licence.—(1) Every licence issued or renewed under this Order shall be dee- med to have been granted or renewed in favour of the person named therein and no licence shall be sold or otherwise transferred.

(2) If a licensee enters into a partnership with regard to the business covered by his licence, he shall bring the matter to the notice of the licensing authority within thirty days of entering into such partnership' and shall get the licence suitably amended.

(3)' Where a partnership is entered into, all the partners in the firm as well as the original licensee shall be bound by the conditions of the licence.

(4) If a partnership is dissolved, every person who is a partner immediately before the date of

suok.dissolutiofl shall send, a-report of ^uch dissolu- tion to the licensing authority within thirty days thereof.

(5). Every licensee shall produce his licence for inspection on demand "by an officer of tht Board duly, authorised by the licensing authority in this behalf.

(6) If, during the currency of a licence, the licencee intends to take any action which calls for modifications in the particulars furnished in the application on the basis of which the licence for the time being in force has been issued, he shall bring it to the notice of the licensing authority at least fifteen days in advance and get his licence suitably amended and such amendment to the licence shall be made free of any charge and the amended licence shall be vaild for the rest of the period covered by the licence.

(7) No owner of a warehouse licensed under the Tea Warehousing (Licensing) Order, 19SO shall enter into any transaction with—

(a) a manufacturer who is required to be registered under this Order, but has not so registered, or whose registration has ceased to be valid; or

(b) a* broker or organiser of a public tea auction who is required to obtain a licence under this Order but has not done so, or whose license has ceased to be valid,

(8) No broker shall enter into any transaction in tea with any manufacturer required-to be regi- stered under this Order but has not so registered, or whose registration has ceased to be valid.

(9) No broker shall participate in a public tea auction conducted by or held under the control or auspices of an organiser of tea auction who w, under the provisions of this Order, required to obtain a licence- but has not obtained such a., licence; or whose licence has ceased to be valid.

(10) No- organiser of public teacauotion- shall allow teas from any registered manufacturer to be put in public tea auction held under its control or: auspices or allow any unlicensed broker "to carry on the business of public tea auctions held under its control or auspices.

15. Suspension of a licence.—-(1) The licenc- ing authority raav, after giving a licensee an opportunity of being heard, suspend, a licence on any of the following grounds, namely :—

(a) that the licence has been obtained by misrepresentation as to a material parti- cular;

(b) that any of the provisions of the Act this Order or any conditions of the licence has been contravened by the licensee;

(2) Jtn any proceeding for taking action under sub-clause (1), the licensing authority shall be as- sisted by two independent assessors chosen by the licening authority.

3. Every Order suspending a licence shall be in, writing and shall specify the reasons for such sus- pension iand shall be communicated to the licensee? within fifteen days of die passing of such Order.

16. Maintenance, production etc., of accounts by licensee.—The registering authority|licensing authority may, from time to time issue directions to any registered manufactureer, licensed organiser of tea auctions or broker as regards—

(a) the maintenance of records of purchase, production, stocks, exports or other matters connected with his business which are relevant for purposes of carrying out the objects of this Order;

(b) the form and manner in which such re-

cords shall be maintained; and

(c) the production for inspection to the officer concerned such books of account relating to his business as may be specified in the direction.

17. Sale of tea through public auctions.— Every registered manufacturer in the States of Assam, West Bengal, Tamil Nadu and Kerala shall, on and from the date of commencement of this Order, sell not less than 70 per cent or such higher percentage as may be specified from time to time by the Board, of tea manufactured by him in a year through public tea auctions in India held under the control or auspices of organisers of tea auction licensed to do so under the provisions of this Order.

Provided that the registering authority may, on an application submitted by a registered manu- facturer, if satisfied that in enforcing compliance with any provisions of this Order undue hardship would result to aay manufacturer, for reasons to be recorded in writing, relax any of the provisions of this Order :

Provided further that a. manufacturer owning more than one manufacturing unit shall sell not less than the specified percentage of the total tea production of all such units through public auctions instead of the specified percentage of production of each tea unit separately.

18. Exemption:—Where a manufacturer has only one tea garden with less than 100 hectares under tea cultivation and his total manufacture is dependent solelv on the production from such tea garden, such manufacturer shall be exempted from the srtoulation in regard to the sale of the mimmuir percentage of tea through public auctions.

19. Exemption for other categories.—Any tea marketed directly by the manufacturer in the form of—

(a) consumer packs[approved. by • the Board;

(b) instant tea;

(c) tea- bags;-

(d) aromatic- tea;.

(e) green tea; and

(f) tea exported pursuant to contracts'regi- stered under clause 4 of the Tea (Regula- tion of Export Licensing) 'Order, 1984,

shall be excluded while computing the total produ- ction for purposes of paragraph 17 of this Order.

20. Appeal.—Any person aggrieved by an

order—

(a) refusing the grant or cancellation of a

registration;

(b) refusing the issue or renewal of a licence;

or

(c) suspending a licence,

may, within a period of three months from the date of receipt of such Order, appeal to the Central Government and the Central Government may, after making such inquiry as it may think fit, con- firm, reverse or modify such order.

21. Constitution of Committee on tea market- ing.—-The Central Government may, by notification in the Official Gazette, constitute a Committee to advise the Government on matters relating to the implementation of this Order and may, from time to time refer any question relating thereto for the Committee's advice.

22. Service of orders and directions.^—Any older or direction made by the registering authority or licensing authority under this Order shall,—

(a) in the case of an order or direction of a general nature affecting a class of per- sons, be notified in the Official Gazette, and

(b) in the case of an order or direction affect- ing only ;m individual, be served on such individual,—

(i) by delivering cr tendering it to that, in-t

dividual, or

(li) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives,- or carries on business or personally

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works-for gain and.a written, report •thereof shall be prepared and witnes- sed by at least two persons living in the neighbourhood.

23. Power of Entry etc.—(1) The registering authority; the licensing authority or any officer of the Board specifically authorised in this' behalf in writing 1>y the Board* may enter and, seach at any time any;landv building,\ premises or.vehicles in which', the.registering or;licensingt- authority 'has' reason to believe that toa-is: stored, carried, distri- buted or sold in contravention of the provisions of this Order and seize any tea or product of tea which appears to him to bt stored, carried, distri- buted or sold in contravention of the provisions of this Order.

(2) Any officer taking action under this clause shall submit a report to the registering authority or the licensing authority, as the case may be, with- in twentyfour hours of taking such action.

(3) The provisions of the Code of Criminal Pro- cedure , 1973 (2 of 1973), relating to searches and seizure shall so far as may be apply to every search or seizure made under this Order.

FROM-A

[See Paragraph 3(2)]

Application for Registration under Paragraph 3(2) of Tea (Marketing) Control Order, 1984

ORIGINAL1DUPLICATE

To

The Registering Authority. Tea Board, Calcutta.

Sini

I|We hereby apply for registration as a manu- facturer ofrtea for purposes of the Tea(Marketing) ControhOrder; 1984.

Necessay particulars •arc 'furnished below: —

(1) Name of the applicant (in block letters).

(in thei case • of partnership concern; the names of all the partnew should b^ given):

(2) Full address to which correspondence'is

to be sent.

(3) Names and address of the manufac-

turing units.

(4) State and Plantation District.

(5) whether the unit processes tea grown in its

own gardens.

$ Metier tii$ Unit is p. bought leaf factory "r 'ttf a'⊤^Stive tltift ho'f MVing an estate

of'its own.

(7) Annual capacity for production.

"(&)'. $ registered as a faptoly with State, Go- vernment, "Hegistrarioii NP, and ttyte,

(9) -Central Excise Zone and Registration -No. I|We have carefully road anfl Understood Tea (Marketing) Control'Order, 19#4 and'hereby agxep to abide *by the pVcmsioris of the said¹ Order.

Yours faithfully, Signature of the Applicant.

Place: Date:

FORM B

[See Paragraph 3(4)]

Certifipate of registration for carrying on busi-

ness as Manufacturer of Tea.

NOT Transferable.

Issued under paragraph 3(4) of the Tea Market-

ing Control Order, 1984.

14, BIPLABI TRAILOKYA MAHARAJ

SARANI, CALCUTTA-700001

DATE:

Certificate of Registration No Shri| Sbarvashri of is|are hereby authorised to carry on the business of manufacturer of tea tinder the provisions of the Tea (Marketing) Control Order, 1984.

This certificate shall continue to be valid until cancelled by the registering authority under para- graph 4 of the Tea Marketing (Control) Order, 1984.

CHAIRMAN, TEA BOARD,

REGISTERING AUTHORITY.

FORM C [§ee Paragraph 5 of lea (Marketing) Control Order, 1984]

Monthly Return to be sent by Registered Manu-

facturers of Tea.

Return for the month of 19 I.'Name of the Tea Manufacturing Unit. 2. Registration No. 3. Central Excise Zone 4. Plantation District. 5. State.

6. Name of wner with postal address.

7. Opening Stocks (in kgs.).

8.-Tea Manufacture*! (an kgs.) during the

month of

CTC Orthodox Green Tea Legg Cutt. TOTAL

9. SALES —-

QTX (%;) AYC"$"? ?rice (l^-IKgs.)

(a) JnjJian AwtifNBs:

Calcutta,

Gauhati. Sihgurjt.

Amritsar

Cochin.

Coimbatore.

Coonoor.

TOTAL

(b): London auction.

(c) Direct Exports under forward contract

and private sales.

(d) Ex-factory sale.

(c) Direct marketing, in consumer packs as

approved by; Tea Board.

(f) Gift to employees.

(GRAND TOTAL): (Pence[Kg. for London Auction).

10. Closingl unsold stock at the end of the

month:

CTC Orthodox Green Tea Legg Cutt TOTAL

11. Sales through public. Auctions in India as a percentage of; tea rn^mifagtuxed exclu- ding packet tea etc. as exempted under paragraph 19 of the Tea (Marketing) Con- trol Order, 1984.

DECLARATION

I|We hereby certify that the information inclu- ding figures given in the above return are correct and that they can be verified from records.

Signature

OWNER[MANAGER

Place Date:.

** A list indicating the names and addresses of persons to Whom the tea was sold ex-factory du- ring the month under reference including the quan- tity sold and average prices obtained in respect of each person should be attached.

FORM D

[See Paragraph 8]

Application for Licence under Paragraph 8

of the Tea (Marketing) Control Order, 1984

-ORIGINAL1DUPLICATE.

To

The Licensing Authority.

Tea Board,

Calcutta-700001.

Sir,

I]We* hereby apply for a licence to carry on the business in tea ^: BROKER (N TF. \ AUC- TIONS! ORGANISER OF TEA AUCTION

I|We* furnish the necessary particulars below :

1. Name of the applicant : (in block letters). (in the case of partnership concern, the names of all the partners should be given).

2. Full address (to which correspondence

should be sent)>

3. Nature of licence required Licence as :

Broker in Tea Auctions

Organisers of Tea Auctions.

4. Full address of the premises in which the applicant intends to do business :

5. Amount of fee paid.

I|We* have carefully read and understood the Tea (Marketing) Control Order, 1984 and hereby agree, to abide by the provisions of the said Order.

Yours faithfully, [Signature^) of the Applicant^)]

Place :

Date :

•Score out the words not applicable.

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FORM E

[See Paragraph 9(2)]

LICENCE FOR CARRYING ON BUSINESS

AS : BROKER IN TEA AUCTIONS

ORGANISERS O F T EA AUCTIONS

NOT TRANSFERABLE

ISSUED UNDER CLAUSE 9(2) OF THE

TEA (MARKETING) CONTROL ORDER,

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14, Biplabi Trailokya Maharaj Sarani,

CALCUTTA-700 001

DATE:

LICENCE No.

ShrilSarvashri*—

of_

is|are* hereby authorised to carry on the busi- ness as broker in public tea auctions]organisers'of tea auctions in terms of the Te" (Marketing) Con- trol Order, 1984.

This licence i? valid upto and including"' 31st December, 19 under ^suspended be- fore that date under paragraph 15 of the Tea (Marketing) Control Order, 1984.

CHAIRMAN, TEA BOARD, LICENSING AUTHORITY.

(*Score out the word not applicable).

FORM F

[See Paragraph 11(1)]

APPLICATION UNDER PARAGRAPH 11 (I) OF THE TEA (MARKETING) CONTROL ORDER, 1984, FOR RENEWAL OF LICENCE

ORIGINAL* JDUPLICATE

To

The Licensing Authority,

Tea Board,

Calcutta-700001

Sir,

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names of all the partners should be given).

2. Full address (to which correspondence

should be sent ):

3. Nature of licence required : EROKER|

ORGANISERS OF AUCTIONS : 4. Full Addresses of the various'premises, If any in which the applicant intends to do business :

5. Amount of fees paid :

I|We* have carefully read and understood the Tea (Marketing) Control Order, 1984, and hereby agree to abide by the prpvisions of the said Order.

Yours faithfully,

[Signature(s) of the applicant^)]

Place :

Date :

•Strike out whichever is not applicable.

NOTE : 1 : To be sent to Licensing Authority in

Duplicate.

2. This application should be signed, in the case of companies, by the Secretary or an authorised agent, and in the case of part- nership concerns, by one of the autho- rised partners and in the case of indivi- duals, the words "Sole Proprietor" shall be appended after signature and in any other case, should be signed by an autho- rised person.

FORM G

TEA BOARD,

14, BIPLABI TRAILOKYA, MAHARAJ SARANI, CALCUTTA-700001.

[See Paragraph ll(2)|Renewal of Licence]

Certified that the Licence No. • issued on to carry on the business in tea as Broker|OTganisers of Auctions in terms of the Tea (Marketing) Control Order 1984, is here- by renewed until 31st December, 19— unless previously suspended before that date under para- graph 15 of the Tea (Marketing) Control Order, 1984.

Licensing Authority,

Date :

Renewal No. —-

[File No. K-11012(l)|84-Plant 'AT

V. C. PANDE, Addl. Secy.

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AND PUBLISHED BY THB CONTROLLER OF WJBUCATIOKB, DELHI-1 1 0 0 5 4, 1 9 84