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| Home > Indian Bare Acts > THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 > CHAPTER III REGULATION OF PRODUCTION AND DISPOSAL OF VIRGINIA TOBACCO |
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| THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 |
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Title : THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974
Year : 1974
Act :
CHAPTER III
REGULATION OF PRODUCTION AND DISPOSAL OF VIRGINIA TOBACCO
10.Registration of growers of virginia tobacco.
10. Registration of growers of virginia tobacco. (1) No person shall grow virginia tobacco except under, and in accordance with, the conditions of a certificate of registration obtained from the Board in accordance with the rules made under this Act.
(2) In granting or refusing a certificate of registration, the
Board shall have regard to the demand for virginia tobacco in India and abroad, and the suitability of the land in relation to which the certificate is applied for and such other factors as may, having regard to the needs of the virginia tobacco industry, be prescribed.
(3) A certificate of registration granted in pursuance of this section shall be valid for such period as may be prescribed.
(4) Every application for such certificate of registration shall be accompanied by such fees (not exceeding one rupee for 0.4 hectare of the land in relation to which such application has been made) as may be prescribed.
10A.
Registration of growers of virginia tobacco seedlings for commercialpurposes.
1*["10A. Registration of growers of virginia tobacco seedlings for commercial purposes. (1) No person shall grow virginia tobacco seedlings for commercial purposes unless he registers himself as a nursery grower with the Board in accordance with the rules made under this Act.
Explanation.--For the removal of doubts, it is hereby declared that nothing in this sub-section shall apply to the growing by a registered grower of any virginia tobacco seedlings for his own use.
(2) No registered nursery grower shall sell or cause to be sold any virginia tobacco seedlings grown by him to any person other than a registered grower."]
11.Registration of curers of virginia tobacco.
11. Registration of curers of virginia tobacco. No person other than a registered curer shall cure or undertake the curing of virginia tobacco unless he registers himself as a curer with the Board in accordance with the rules made under this Act.
11A.
Registration of processors and manufacturers of virginia tobacco, etc.
2*[11A. Registration of processors and manufacturers of virginia tobacco, etc. No person shall process virginia tobacco or manufacture products therefrom unless he registers himself as such processor or manufacturer, as the case may be with the Board in accordanec with the rules made under this Act.
11B.
Licences to be obtained for grading work and construction of barns,etc.
11B. Licences to be obtained for grading work and construction of barns, etc. No person shall--
(i) take up grading work relating to virginia tobacco for commercial purposes; or
(ii) take up the construction and operation of a barn,
unless he obtains a licence from the Board in accordance with the rules made under this Act.
Explanation.-- For the purposes of this section,--
(i) "barn" means a building or structure with a roof of zinc sheets or tiles having flue pipes, furnace and tiers used for flue curing of tobacco leaves;
(ii) "grading work" means separating tobacco leaves into specific grades on the basis of plant position, maturity, colour, body and blemish and in accordance with such specifications as may be prescribed.]
12.Registration of exporters, packers, auctioneers and dealers.
12. Registration of exporters, packers, auctioneers and dealers.
No person shall export tobacco or any tobacco products or function as a packer, auctioneer of, or dealer in, tobacco unless he registers himself with the Board in accordance with the rules made under this
Act.
13.Virginia tobacco to be sold at registered auction platforms.
13. Virginia tobacco to be sold at registered auction platforms.
No registered grower or curer shall sell or cause to be sold virginia tobacco elsewhere than at an auction platform registered with the
Board in accordance with the rules made under this Act 3*[or established by the Board under this Act].
13A.
Duty of registered dealers and exporters to purchase at auctionplatforms, etc.
4*["13A. Duty of registered dealers and exporters to purchase at auction platforms, etc. No registered dealer or registered exporter shall purchase or cause to be purchased virginia tobacco elsewhere--
(a) than at an auction platform registered with the Board in accordance with the rules made under this Act or established by the Board under this Act; or
(b) than from any other registered dealer or a registered grower or curer:
Provided that in relation to any State in which the provisions of section 13 are not in force, the condition specified under clause (a)
shall not apply.
13B.
Duty or buyers of virginia Tobacco at ploaces other than auctionplatforms to refrain from certain unfair practices.
13B. Duty or buyers of virginia Tobacco at ploaces other than auction platforms to refrain from certain unfair practices. Every dealer who purchases virginia tobacco in any State in which the provisions of section 13 are not in force,--
(a) shall pay the full price for the whole quantity of virginia tobacco so purchased by him at the rate at which he agreed to purchase such tobacco and shall refrain from claiming any discount in the weight or other deductions in weight thereof or any deductions from the price as calculated in accordance with such rate;
(b) shall pay the full price for virginia tobacco so purchased by him as calculated in accordance with the provisions of clause (a) as expeditiously as possible and in any case within such reasonable time as may be specified in this behalf by the Board; and
(c) shall refrain from having recourse to any practices which the Board may, having regard to the need for protection of persons selling virginia tobacco in such State and all other relevant considerations, specify to be unfair practices.]
14.Application, cancellation, fees and other matters relating toregistration.
14. Application, cancellation, fees and other matters relating to registration. The form of application and the form of certificate of registration under section 10, the form of application 5*["for registration of nursery growers for the purposes of section 10A, for registration of curers for the purposes of section 11, for registration of processors and manufacturers for the purposes of section 11A, for obtaining licences for taking up grading work or construction and operation of barns under section 11B"], for registration of exporters, packers or auctioneers of, or dealers in, tobacco, for the purposes of section 12, and for registration of auction platforms for the purposes of section 13, the time within which and the manner in which such applications shall be made, the fees payable on such applications, the particulars to be specified therein, the principles and the procedure to be followed in granting and cancelling
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1. Ins. by Act 57 of 1985, s. 4 (w.e.f. 1.12.1985).
2. Ins. by s. 5, ibid. (w.e.f. 1.12.1985).
3. Ins. by Act 36 of 1978, s. 4.4. Ins. by s. 6, ibid. (w.e.f. 1.12.1985).
5. Subs. by s. 7, ibid. (w.e.f. 1.12.1985).
390
certificates of registration or the registration of auction platforms or, as the case may be, 1*[the registration as nursery growers, curers, processors, exporters, packers or auctioneers of, or dealers in, virginia tobacco or as manufacturer of the products of virginia tobacco or in granting licences under section 11B, the returns to be submitted and the registers to be maintained by registered growers, nursery growers, curers, processors, exporters, packers or auctioneers of, or dealers in, virginia tobacco or the registered manufacturers of the products of virginia tobacco or the persons licensed under section
11B and the registers to be kept by the Board shall be such as may be prescribed]
14A.
Power to levy fees.
2*[14A. Power to levy fees. (1) Where virginia tobacco is sold at any auction platform established by the Board under this Act, it shall be competent for the Board or for any officer of the Board authorised by it in this behalf to levy fees, for the services rendered by the
Board in relation 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.]
15.Power of inspection.
15. Power of inspection. The Board may authorise any of its members, officers or other employees to inspect in such manner as may be prescribed any land or premises to verify the accuracy of any particulars mentioned in any application or any return referred to in section 14.CHAP
FINANCE, ACCOUNTS AND AUDIT
Last updated on February, 2008
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