FOR OFFICIAL USE ONLY

TEA BOARD MANUAL

A compilation of the Tea Act, 1953 (No. 29 of 1953), the Tea Rules, 1954, the Tea Board Bye
Laws 1955, the Tea (Distribution & Export) Control Order, 1957, the Tea (Waste) Control
Order, 1959, the Investigation of Tea Undertaking/Tea Units (Procedure) Rules, 1981,
the Tea (Regulations of Export Licensing) Order, 1984, the Tea (Marketing)
Control Order, 1984, the Tea Warehouses (Licensing) Order, 1989 and the
Tea Board (Write Off Losses) Rules, 1996.

The Tea (Distribution & Export) Control Order, 1957 and the Tea (Marketing)
Control Order, 1984 now being amended by the Tea (Marketing)
Control Order, 2003 and the Tea (Distribution & Export) Control Order, 2005.
R & P (Recruitment and conditions of Service of Officers appointed by Government) Rules, 1969

(Amended up to 31st March 2006)

TEA BOARD
14, BIPLABI TRAILOKYA MAHARAJ SARANI,
KOLKATA - 700 001
WEST BENGAL
INDIA
 2

THE TEA ACT, 1953

No. 29 of 1953
(28th May, 1953 )

AN ACT to provide for the control by export of tea from, India and for that
the Union of the tea industry, including purpose to establish a Tea Board and
the control, in pursuance of the Levy a duty of excise on tea produced in
International Agreement now in force, of India.
the cultivation of tea in, and of the

Be it enacted by Parliament as follows:-

CHAPTER –I

PRELIMINARY

1. Short title, extent and commencement:- (1) This Act may be called the Tea
Act.1953.
*(2) It extends to the whole of India: Provided that it shall not apply to the State of
Jammu and Kashmir except to the extent to which the provisions of this Act relate to the
control of the export of tea from, and the cultivation of tea in India.
** (3 ) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.

2. Declaration as to expediency of control by the Union :- It is hereby declared that it

is expedient in public interest that the Union should take under its control the tea
industry.

3. Definitions :- In this Act, unless the context otherwise requires-

(a) “Board” means the Tea Board constituted under section 4;
(b) “Broker” means a broker of tea;
+(c) “cess” means the duty of excise imposed by section 25 ;
(d) “Customs-collector” means a Customs-collector as defined in clause (c) of section 3
of the Sea Customs Act, 1878 (VIII of 1878) for the purposes of that Act, or of that Act
as applied to the import and export of goods by air, or a Collector of Land Customs as
defined in clause (c) of section 2 of the Land Customs Act, 1924 (XIX of 1924), as the
case may be;
(e) “dealer” means a dealer in tea ;
(f) “export” means to take out of India by land, sea or air to any place outside India other
than Bhutan and Nepal@ and any other country or territory notified in this behalf by the
Central Government by notification in the Official Gazette ;
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(g) “export allotment” means the total quantity of tea which may be exported during any
one financial year ;
(h) “Fund” means the Tea Fund referred to in section 27 ;
(i) “manufacturer” means a manufacturer of tea ;
(j) “member” means a member of the Board:
(k) “owner”-
(i) with reference to a tea estate or garden or a sub-division thereof the
possession of which has been transferred by lease, mortgage or otherwise,
means the transferee so long as his right to possession subsists; and

(ii) with reference to a tea estate or a garden or a sub division for which an
agent is employed, means the agent if, and in so far as, he has been duly
authorised by the owner in that behalf;

(l) “prescribed” means prescribed by rules made under this Act ;

(m) “standard export figure” means such quantity as the Central Government may, by
notification in the Official Gazette, specify pursuant to any international agreement in
this behalf ;
(n) “tea” means the plant Camellia Sinensis (L) O. Kuntze as well as all varieties of the
product known commercially as tea made from the leaves of the plant Camellia Sinesis
(L) O. Kuntze including green tea ;
(o) “Tea seed” includes seeds, roots stumps, cuttings, buds, and any living portion of the
plant Camellia Sinensis (L) O. Kuntze which may be used to propagate that plant.

** 1st April, 1954 vide Notification No. S.R.O. 943 dated 17th March, 1954 Gazette of India
Extraordinary, Part II Section 3, page 1. + Vide Tea (Amendment) Act 1967 (No. 21 of 1967)
published in the Gazette of India Extraordinary, PartII Section 1 dated 14-8-1967.
* Extended to the state of Sikim by G.O.I. notification No. S.O. 57(E) dated 29-1-1983.
@ Inserted vide Notification No. K.11012(2)/79-Plant(A) dated 26th October, 1979.

CHAPTER II

THE TEA BOARD

4. Establishment and constitution of movable and immovable, and to
Tea Board:- (1) With effect from such contract, and shall by the said name sue
date as the Central Government may, by and be sued.
notification in the Official Gazette, (3) The Board shall consist of a
specify in this behalf, there shall be Chairman and such number or other
established for the purposes of this Act a members not
Board to be called the Tea Board. exceeding forty as the Central
(2) The Board shall be a body corporate Government may think expedient, to be
by the name aforesaid, having perpetual appointed by that
succession and a common seal, with Government by notification in the
power to acquire, hold and dispose of Official Gazette from among persons
property, both who are in its opinion capable of
representing :-
 4

a) owners of tea estates and gardens other matters as may from time to time
and growers of tea; be fixed by the Central Government.
b) persons employed in tea estates 7. Vice-Chairman :- The Board shall
and gardens ; elect from among its members a Vice-
c) manufacturers of tea ; Chairman who shall exercise such of the
d) dealers including both exporters powers and discharge such of the duties
and internal traders of tea ; of the Chairman as may be delegated to
e) consumers ; him by the Chairman.
f) Parliament ; 8. Executive and other Committees:-
g) the Government of the principal (1) There shall be an Executive
tea growing States ; Committee of the Board constituted in
h) such other persons or class of the manner prescribed.
persons, who, in the opinion of (2) The Executive Committee shall
the Central Govt., ought to be exercise such of the powers and perform
represented on the Board. such of the duties of the Board as may
*(3A) It is hereby declared that the be prescribed or as the Board may
office of member of the Board shall not delegate to it.
disqualify its holder for being chosen as (3) Subject to such control and
or for being a member of either House of restrictions as may be prescribed the
Parliament. Board may constitute other Standing
(4) The number of persons to be Committees or ad hoc Committees for
appointed as members from each of the exercising any power or discharging any
categories specified in sub-section (3), duty of the Board or for enquiring into or
the term of office of the procedure to be reporting and advising on any matter
followed in the discharge of their which the Board may refer to them.
functions by, and the manner of filling (4) A Standing Committee shall consist
vacancies among the members of the exclusively of members of the Board.
Board shall be such as may prescribed. (5) An ad hoc Committee may include
(5) Any officer of the Central persons who are not members of the
Government when deputed by that Board, but their number shall not exceed
Government in this behalf shall have the one-half of its strength.
right to attend meeting of the Board and 9. Secretary and Staff :- (1) The
take part in the proceeding thereof but Central Government shall appoint :-
shall not be entitled to vote. • **(a) “a Deputy Chairman of the
5. Vacancies, etc. not to invalidate acts Board who shall assist the
and proceeding :- No act done or Chairman in the performance of
proceeding taken by the Board under this his duties and exercise such of
Act shall be questioned on the ground the powers and perform such of
merely of the existence of any vacancy the duties as may be prescribed
in, or defect in the contribution of the or as may be delegated to him by
Board. the Board or by a Committee
6. Salary and allowances of constituted by the Board under
Chairman: - The Chairman shall be section 8 or by the Chairman”.
entitled to such salary and allowances • (aa) “a secretary to the Board
and such conditions of service in respect who shall exercise such power
of leave, pension, provident fund and and perform such duties as may
 5

be prescribed or as may be regulating the sale and export of

delegated to him by the Board or tea ; (g) training in tea testing
the Chairman” ; and fixing grade standards of tea
• (b) all other officers of the Board :
drawing *a salary exceeding (h) increasing the consumption in
rupees one thousand seven India and elsewhere of tea and
hundred per month. carrying on propaganda for that
(2) Subject to such Control and purpose;
restriction as may be prescribed, the (i) registering and licensing of
Board may appoint such other officers manufacturers, brokers, tea waste
and employees as may be necessary for dealers and persons engaged in
the efficient performance of its functions the business of blending tea;
and pay them such salaries and (j) improving the marketing of
allowances as it may determine from tea in India and elsewhere;
time to time. *(jj) Subscribing to the share
(3) The Chairman, *Deputy Chairman, Capital of or entering into any
Secretary and other employees of the arrangement or other
Board shall not undertake any work arrangement (whether by way of
unconnected with their duties under this Partnership Joint venture or any
Act except with the permission of the other manner) with any other
Central Government. body Corporate for the purpose
10. Functions of the Board :- of Promoting the development of
(1) It shall be the duty of the Board to Tea industry or for promotion
promote, by such measures as it thinks and marketing of tea in India or
fit, the development under the control of elsewhere :
the Central Govt. of the tea industry. (k) collecting statistics from
(2) Without prejudice to the generality of growers, manufacturers, dealers
the provisions of sub section (1), the and such other persons as may be
measures referred to therein may provide prescribed on any matter relating
for – to the tea industry ; the
(a) regulating the production and publication of statistics so
extent of cultivation of tea ; collected or portions thereof or
(b) improving the quality of tea ; extracts therefrom ;
(c) promoting cooperative efforts (l) securing better working
among growers and conditions and the provisions and
manufacturers of tea ; improvement of amenities and
(d) undertaking assisting or incentives for workers ;
encouraging scientific, (m) such other matters as may be
technological and economic prescribed.
research and maintaining or (3) The Board shall perform its functions
assisting in the maintenance of under this section in accordance with
demonstration farms and and subject to such rules as may be made
manufacturing stations ; by the Central Government.
(e) assisting in the control of 11. Dissolution of the Board :- (1) The
insects and other pests and Central Government may, by
diseases affecting tea ; (f) notification in the Official Gazette,
 6

direct that the Board shall be dissolved by such person or persons as the Central
from such date and for such period as Government may appoint in this behalf ;
may be specified in the notification. (2) (c) all funds and other property vested in
When the Board is dissolved under the the Board shall, during the period of
provisions of sub-section (1)- (a) All dissolution, vest in the Central
members shall, from the date of Government ; and (d) as soon as the
dissolution, vacate their offices as such period of dissolution expires, the Board
members ; (b) all powers and duties of shall be reconstituted in accordance with
the Board shall, during the period of the provisions of this Act.
dissolution, be exercised and performed

* Inserted by the Tea (Second Amendment) Act, 1954 No. 52 of 1964.

** Inserted as per Notification in the Gazette of India, Extraordinary, Part II Section I, dated August 16,
1977 (No. 32 of 1977).
*Inserted as par the Gazette of India Notification No.79 dated 17-12-80.

CHAPTER III

CONTROL OVER THE EXTENSION OF

TEA CULTIVATION

12. Method of control of extension of 13. Limitation to the extension of tea

tea cultivation :- cultivation:- (1) Subject to the
(1) No one shall plant tea on any land provisions contained in sections 15 and
not planted with tea on the date 16 , the total area of land in respect of
commencement of this Act unless which the permission
permission has been granted to him in referred to in section 12 may be granted,
writing by or on behalf of the Board. shall not exceed such area as may be
(2) No tea area shall be replaced by determined by the Board under the
planting tea on area not planted with tea general instructions of the Central
unless permission has been granted in Government.
writing by or on behalf of the Board. *(2) The total area of land in any State in
(3) Nothing in this section shall prohibit respect of which such permission may be
the in filling or supplying of vacancies granted shall be such as may be
on land planted with tea on the date of determined by the Board, Provided that
commencement of this Act or the the Board may vary the total area so
replanting of tea upon – determined for any State in order to
(i) land planted with tea on the increase or diminish for another State the
31st day of March, 1950, from area in respect of which such permission
which the original bushes have may be granted by an amount
been uprooted, or corresponding to the extent to which the
(ii) land planted with tea on the area in the first mentioned State has been
31st day of March, 1948, from diminished or increased
which the original bushes have *(3) The Board shall Publish the total
been uprooted. are determined for India as well as the
total areas determined for the various
 7

States notification in the Official Gazette any other law for the time being in force
of the Central Government as soon as and no longer carried tea, or
may be after the commencement of this (c) has since been transferred to the
Act and shall in like manner publish any Central or a State Government or to a
subsequent variation of such total areas. local authority and no longer carries tea,
14. Grant of permission to plant tea : or
(1) Applications for permission to plant (d) has since been resumed by the lessor
tea on any land not planted with tea on under the terms of any lease and no
the date of commencement of this Act longer carries tea ;
shall be made to the Board and shall (e) the owner of the tea estate in which
contain a clear statement of all special such land is situated may apply to the
circumstances justifying the application. Board for permission to plant tea on land
(2) The Board may require an applicant not planted with tea. Explanation --
to supply such information as it thinks Land taken for purposes connected with
necessary to enable the Board to deal prosecution of war on which tea bushes
with the application. have been allowed to remain for
(3) Subject to such conditions and protective purposes though no longer
restrictions as may be prescribed, the cultivated shall be deemed for the
Board may by order grant or refuse the purposes of this section to be incapable
permission applied for, or may in like of caring or no longer to carry tea.
manner grant it in part only or may call (2) Upon such application being made
for further information from the and upon proof to the satisfaction of the
applicant. Board that the applicant is entitled to the
(4) No order by the Board under sub- benefit of sub-section (1) the Board may
section (3) shall be called in question by by order grant permission to plant tea on
any court. land not planted with tea ; Provided that
15. Grant of permission to plant tea in the area of land in respect of which such
special circumstances :- permission is granted shall be within the
(1) Where any land which was on the same or an adjacent district and shall
31st day of March, 1933 planted with tea belong to the same or an adjacent tea
(including land planted with tea on the estate and shall not exceed in extent the
31st day of March, 1931 from which the area of the land incapable of carrying tea
original bushes had been uprooted and or compulsorily acquired, transferred of
which had not been replanted with tea on resumed, as the case may be.
the said 31st day of March, 1933), or (3) All areas of land in respect of which
where any land planted with tea after the permission to plant tea is granted under
31st day of March, 1933- this section shall be excluded when
(a) has since become wholly incapable computing for the purpose of section 13
of carrying tea through circumstances the total area of land in respect of which
due to war or through subsidence flood, the permission referred to in section 12
erosion, earthquake or other irresistible may be granted.
superhuman cause, or (4) If any land falling within the
(b) has since been compulsorily acquired Explanation to sub-section (1) is
under the provisions of the Land subsequently restored to the tea estate
Acquisition Act, 1894 (1 of 1894) or of from which it was subtracted, the owner
of the estate shall either uproot the tea
 8

planted therein or uproot any tea planted the estate or for any other purpose
by him in pursuance of a permission approved by the Board. (2) All areas
granted under sub-section (2). land utilised for nurseries in accordance
16. Tea nurseries :- (1) The owner of a with this section shall be excluded when
tea estate may establish nurseries on land computing for the purpose of section 13
not previously planted with tea for the the total area of land in respect of which
growing of plants intended for in filling the permissions referred to in section 12
or supplying vacancies or for replanting may be granted.
land planted with tea within the area of

*Operation of sub-section 2 and 3 which also corresponds to Section 27 of the previous Act has been
suspended until further orders by Government of India, Ministry of Commerce Notification
No.201(4)-Law (tea )/50 dated 28-10-1950.

CHAPTER IIIA
MANAGEMENT OR CONTROL OF TEA UNDER-TAKING OR TEA UNITS BY
THE CENTRAL GOVERNMENT IN CERTAIN CIRCUMSTANCES.

16A. (1) In this Chapter, unless the thereof, which has a distinct
context Definitions. Otherwise requires. entity for which accounts are
(a) “authorised persons” means kept and has a factory of its own
the person or body of persons for the production and
authorised or appointed, by the manufacture of tea.
Central Government under this (2) Reference to an industrial
Act to take over the management undertaking in such of the provisions of
of any tea undertaking or tea unit the Industries (Development and
; Regulation) Act, 1951, as apply to a tea
(b)“ Company” means a undertaking or tea unit by virtue of the
65 of 1951
company within the meaning of provisions of this Chapter, shall be
section 3 of the Companies Act, construed as references to a tea
1956; undertaking or tea unit, as the case may
1of 1956 (c) “district average yield” means be, and references in the Act aforesaid to
the average yield of tea in the any provision of that Act, as applicable
district in which one or more tea to a tea undertaking or tea unit, in
units are located, as published by relation to which a corresponding
the Board. provision has been made in this Act,
(d) “notified order” means an shall be construed as references to such
order notified in the Official corresponding provision.
Gazette ; 16B. (1) Where the Central Government
(e) “tea undertaking” means as is of opinion in respect of a tea Power to
undertaking engaged in the undertaking or a tea unit that- cause
production or manufacture, or (a) the tea undertaking or, as the investigation
both of tea through one or more case may be, the tea unit, has to be made
in relation to
tea units ; made losses in three out of five a tea
(f) “tea unit” means a tea estate years immediately preceding the undertaking
or garden including a subdivision or tea unit.
 9

year in which such opinion as the Court praying for permission to

formed ; or make or cause to be made, an
(b) the average yield of the tea investigation into such possibility by
undertaking, or, as the case may such person or body of persons as that
be, the tea unit, during three Government may appoint for the
years out of five years purpose ; and, where such an application
immediately preceding the year ismade, the Court shall, notwithstanding
in which such opinion is formed, anything contained in the Companies 1 of 1956
has been lower than the district Act, 1956, or in any other law for the
average yield by twenty-five per time being in force, grant the permission
cent or; or more or prayed for.
(c) the persons owning the tea (3) The person or body of persons
undertaking, or as the case may appointed to make any investigation
be, the tea unit, have habitually under sub-section (1) or, as the case may
made default in the payment of be, sub-section (2) shall have the same 65 of 1951
wages, or provident fund dues of powers as are specified in section 18 of
workers and other employees, or the industries ( Development and
rent of the land, or duties of Regulation) Act, 1951. [18.(1) The
exercise or such other dues as person or body or persons appointed to
they are under an obligation to make any investigation under section 15
pay under any law for the time (or section 15A)* may choose one or
being in force : or more persons possessing special
(d) the tea undertaking, or, as the knowledge of any matter relating to the
case may be, the tea unit, is being investigation to assist him or it in
managed in a manner highly holding the investigation. (2) The person
detrimental to the tea industry or or body of persons so appointed shall
to public interest. the Central have all the power of a civil court under
Government may make, or cause the Code of Civil Procedure, 1908, for
to be made, a full and complete the purpose of taking evidence on oath
investigation into the affairs of (which he or it is hereby empowered to
the tea undertaking or, as the administer) and of enforcing the
case may be, tea unit, by such attendance of witnesses and compelling
person or body of persons as it the production of documents and
may appoint for the purpose. material objects, and the person or body
(2) Where a company owning a tea of persons shall be deemed to be a civil
undertaking is being wound up by or court for all the purposes of section 195
under the supervision of the Court and and Chapter XXXV of the Code of
the business of such company is not Criminal Procedure 1898] *Inserted by
being continued, the Central Act No. 72 of 1971.
Government may, if it is of opinion that 16C (1) if after making or causing to be
it is necessary, in the interest of the made such investigation as is referred to Power of
Central
general public, and, in particular, in the in sub-section (1) of section 16B, the
Government
interest of production, supply or Central Government is satisfied that completion
distribution of tea to investigate into the action under this section is desirable, it of
possibility of running or restarting the may issue such directions to the tea investigation
tea undertaking, make and application to undertaking or tea unit concerned, as
 10

may be appropriate in the circumstances in which such opinion is formed ;

for all or any of tea following purposes or
namely:- (b) the average yield of the tea
(a) regulating the production of undertaking, or ,as the case may
tea by the tea undertaking or, as be ; the tea unit, during three
the case may be, tea unit and years out of five years
fixing the standards of immediately preceding the year
production; in which such opinion is formed,
(b) requiring the tea undertaking has been lower than the district
or, as the case may be, tea unit to average yield by twenty five
take such steps as the Central percent or more ; or
Government considers necessary (c) the persons owning the tea
to stimulate the production, undertaking, or as the case may
manufacture or plantation, of tea; be, the unit, have habitually
(c) prohibiting the tea made default in the payment of
undertaking or, as the case may wages, or provident funds dues,
be, tea unit from resorting to any of workers and other employees,
act or practice which might or rent of the land, or duties of
reduce its production, capacity or excise, or in the payment of such
economic value; other dues as are obligatory
(d) controlling the prices, or under any law for the time being
regulating the distribution of tea in force ; or
produced or manufactured by the (d) the undertaking, or as the
tea undertaking or, as the case case may be, the tea unit, is being
may be, tea unit . managed in a manner highly
(2) Where a case relating to any tea detrimental to the tea industry or
undertaking or tea unit is under to public interest, the Central
investigation, the Central Government Government may, by notified
may issue, at any time, any direction of order, authorise any person or
the nature referred to in sub-section (1) body of persons to take over the
to the undertaking or the tea unit management of the whole or any
concerned and any such direction shall part of the tea undertaking or tea
have effect until it is varied or revoked unit, as the case may be or to
by the Central Government. exercise in respect of the whole
16D. (1) If the Central Government is of or any part of the tea undertaking
opinion that:- or, as the case may be, tea unit,
(a) a tea undertaking or tea unit, such function of control as may
to which directions have been be specified in the order.
issued in pursuance of section (2) Any notified order issued under sub-
Power of 16C, has failed to comply with section (1) shall have effect for such
Central
such directions, or the tea period , not exceeding five years, as may
Government
to Assume undertaking, or as the case may be specified in the order. Provided that if
management be, the tea unit, has made losses the Central Government is of opinion
or control of in three out of five years that it is expedient in the public interest
tea immediately preceding the year that any such notified order should
undertaking
continue to have effect after the expiry
or tea unit in
certain cases.
 11

of the period of five years aforesaid, it reason of the provisions contained in

may from time to time issue directions clause (a), or whose contract of
for such continuance for such period, not management is terminated by reason of
exceeding one year at a time, as may be the provisions contained in clause (b), of
specified in the direction, so, however, section 18B of the Industries
that the total period such continuance (Development and Regulation) Act,
(after the expiry of the said period of 1951, as applicable to a tea undertaking
five years) does not exceed six years; or tea unit by virtue of the provisions of
and where any such direction is issued, a sub-section (3), shall be entitled to any
copy thereof shall be laid, as soon as compensation for the loss of office or for
may be, before both Houses of the premature termination of his contract
Parliament. of management : 18B. (1) On the issue
(3) Any notified order issued under sub- of a notified order under section 18A
section (1) have the same effect as if it authorising the taking over of the
were an order made under sub-section management of a industrial
(1) of section 18- A of the Industries undertaking:-
65 of 1951 (Development and Regulation) Act, (a) all persons in charge of the
1951, and the provisions of Section 18B management including persons
of that Act shall apply accordingly. holding office as managers or
[18A. (1) If the Central Government is directors of the industrial
of opinion that undertaking immediately before
(a) an industrial undertaking to the issue of the notified order,
which directions have been shall be deemed to have vacated
issued in pursuance, of section 16 their offices as such ;
has failed to comply with such (b) any contract of management
directions ; or between the industrial
(b) an industrial undertaking in undertaking and any managing
respect of which an investigation agent or any director thereof
has been made under section 15 holding office as such
(whether or not any directions immediately before the issue of
have been issued to the the notified order, shall be
undertaking in pursuance of deemed to have been terminated;
section (16) is being managed in (c) the managing agent, if any,
a manner highly detrimental to appointed under section 18A
the scheduled industry concerned shall be deemed to have been
or to public interest. the Central duly appointed as the managing
Government may, be notified agent in pursuance of the Indian
order, authorise any person or Companies Act, 1913, and the
body of persons to take over the memorandum and articles of
management of the whole or any association of the industrial
part of the undertaking or to undertaking and the provisions of
exercise in respect of control as the said Act and of the
may be specified in the order. memorandum and articles shall,
(4) Notwithstanding anything contained subject to the other provisions
in any law for the time being in force, no contained in this Act, apply
person, who cease to hold any office by accordingly, but no such

65 of 1951
 12

managing agent shall be removed such other powers and have such other
from office except with the duties as may be prescribed.
previous consent of the Central (3) Where any person or body of persons
Government; has been authorised to exercise any
(d) the person or body of persons functions of control in relation to an
authorised under section 18A to industrial undertaking, the undertaking
take over the management shall shall be carried on pursuant to any
take all such steps as may be directions given by the authorised person
necessary to take into his or their in accordance with the provisions of the
custody or control all the notified order and any person having any
property, effects and actionable functions of management in relation to
claims to which the industrial the undertaking or part thereof shall
undertaking is or appear to be comply with all such directions.
entitled, and all the property and (4) The person or body of persons
affects of the industrial authorised under section 2(18A) shall,
undertaking shall be deemed to notwithstanding anything contained in
be in the custody of the person the memorandum or articles of
or, as the case may be, the body association of the industrial undertaking,
of persons as from the date of the exercise his or their functions in
notified order ; and accordance with such directions as may
(e) the person, if any, authorised be given by the Central Government so,
under section 18A to take over however, that he or they shall not have
the management of an industrial any power to give any other person any
undertaking which is a company directions under this section inconsistent
shall be for all purposes the with the provisions of any Act or
directors of the industrials instrument determining the functions of
undertaking duly constituted the authority carrying on the undertaking
under the Indian Companies Act, except in so far as may be specifically
1913 and shall alone be entitled provided by the notified order. Contracts
to exercise all the powers of the in bad faith etc. may be cancelled or
directors of the industrials varied. Provided that nothing contained
undertaking, whether such in this section shall affect the right of
powers are derived from the said any such person to recover from the tea
Act or from the memorandum or undertaking or the tea unit, as the case
articles of association of the may be, moneys recoverable otherwise
industrials undertaking from any than by way of such compensation]
other source.
(2) Subject to the other provisions 16E.(1) Without prejudice to any other
contained in this Act and to the control provision of this Act, if, from the
of the Central Government, the person or documentary or other evidence in its Power to take
body of persons authorized to take over possession, the Central Government is over the
the management of an industrial satisfied in relation to a tea undertaking undertaking or
tea unit
undertaking shall take such steps as may or tea unit, that –
without
be necessary for the purpose of (a) the persons in charge of such investigation
efficiently managing the business of the tea undertaking or tea unit have, under certain
industrial undertaking and shall exercise by reckless investments or by circumstances
 13

creation of encumbrances on the (2) On the issue of a notified order sub-

assets of the tea undertaking or section (1) in respect of a tea
tea unit, or by diversion of funds, undertaking or tea unit—
brought about a situation which (a) the provisions of sub-section
is likely to affect the production (2) (3) & (4) of section 16D, and
of tea, manufactured or produced the provisions of section 16G,
by the tea undertaking or tea unit, shall apply to a notified order
and that immediate action is made under sub-section (1) as
necessary to prevent such a they apply to a notified order
situation ; or made under ; sub-section (1) of
(b) it has been closed for a period section 16D ; and
of not less than three months (b) the provisions of subsections
(whether by reason of the (3) and (4) of section 18AA of
voluntary winding up of the the Industries (Development and
company owning the tea Regulation) Act, 1951, shall
undertaking or tea unit or for any supply to the tea undertaking or
other reason) and such closure is tea unit, as the case may be to the
prejudicial to the concerned tea same extent as they apply an
undertaking or tea unit and that industrial undertaking.
the financial condition of the [18AA (3) Nothing contained in
company owing the tea subsection ( 2) shall apply to an
undertaking or tea unit and the industrial undertaking owned by a
plant and machinery of such tea company which is being wound up by or
undertaking or tea unit are such under the supervision of the Court.
that it is possible to restart the tea (4) Where any notified order has been
undertaking or tea unit and such made under sub-section (1) the person or
restarting is necessary in the body of persons having, for the time
interests of the general public, it being, charge of the management or
may, by notified order, authorise control of the industrial undertaking,
any person or body of persons to whether by or under the orders of any
take over the management of the court, or any contract, instrument of
whole or any part of the tea otherwise, shall notwithstanding
undertaking or tea unit or to anything contained in such order,
exercise in respect of the whole contract, instrument or other
or any part of the tea undertaking arrangement, forthwith make over the
or tea unit such functions of charge of management or control, as the
control as may be specified in the case may be, of the industrial
order. undertaking to the authorised person.]
* Explanation - For the purposes of this
sub-section, “in cumbrances” includes 16F. Without prejudice to the provisions
any liability which may be recovered or of section 18B of the Industries
satisfied from the assets of the tea (Development & Regulation) Act, 1961,
undertaking or, as the case may be tea as applicable to tea undertaking or tea Contract
in bad
unit or the person owing the tea unit, as the case may be, the person or faith, etc
undertaking of tea unit. body of persons authorised under section may be
16D,or as the case may be, section 16E, cancelled
or varied
 14

to take over the management of a tea (2) Subject to the provisions contained in
undertaking or tea unit may, with the sub-section (1), and to the other
previous approval of the Central 1 of 1956 provisions contained in this Act. and
Government, make an application to any subject to such other exceptions,
court having jurisdiction in this behalf restrictions and limitations, if any, as the
for the purpose of cancelling or varying Central Government may, by
any contract or agreement entered into, notification in the Official Gazette,
at any time before the issue of the specify in this behalf, the Companies
notified order under section 16D or Act, 1956, shall continue to apply to
section 16E, between the tea undertaking such company in the same manner as it
or the tea unit and any other persons; and applied thereto before the issue of the
the court may, if satisfied after due notified order. 16H. If, at any time, it
inquiry that such contract or agreement appears to the Central Government on
had been entered into in bad faith or is the application of the owner of a tea
detrimental to the interests of the tea undertaking or tea unit or otherwise that
undertaking or tea unit, make an order the purpose of the order made under
cancelling or varying (either section 16D or section 16E, has been
unconditionally or subject to such fulfilled or that for any other reason it is
conditions as it may think for to impose) not necessary that the order should
that contract or agreement shall have remain in force, the Central Government
effect accordingly. may by notified order, cancel such order
16G. (1) Where the management or a tea and, on cancellation of any such order
undertaking or tea unit owned by a the management or control as the case
company has been taken over by any may be, of the tea undertaking or tea
person or body of persons authorised by unit, shall vest in the owner of that
Applic the Central Government under this Act, undertaking or unit, 16-I. (1) If the
ation
then not withstanding anything Central Government is of opinion that
of Act
1 of contained in the said Act or in the there are possibilities of running or
1956 memorandum or articles of association restarting a tea undertaking or tea unit in
of such company- relation to which an investigation has
(a) it shall not be lawful for the been made under subsection (2) of
shareholders of such company or section 16B, and that such tea
any other person to nominate or undertaking or tea unit should be be run
appoint any person to be a or restarted for maintaining or increasing
director of the company; the production supply or distribution of
(b) no resolution passed in a tea that Government may make an
meeting of the shareholders of application to the court by which the
such company shall be given company owing such tea undertaking or
effect to unless approved by the tea unit has been ordered to be wound
Central Government ; up, praying for permission to appoint
(c) no proceeding for the winding any person or body of persons to take
up of such company or for the over the management of the tea
appointment of receiver in undertaking or, as the case may be, tea
respect thereof shall lie in any unit, or to exercise in respect of the
court except with the consent of whole or any part of the tea undertaking
the Central Government.
 15

or tea unit, such functions of control as undertaking or to exercise functions of

may be specified in application. control in relation to the concerned part :

(2) Where an application in made under Provided further that, the total period of
sub-section (1), -- such continuance (after the expiry of the
(a) the provisions of -section (2) initial period of five years) shall not, in
of section 18FA of the any case, be permitted to exceed ten
Industries(Development and years. (Twelve years-Act No. 32 of
Regulation)Act 1951 shall apply 1974)]
to the undertaking or tea unit, as (b) the provisions of sub-sections
the case may be, subject to the (3) to (10) both inclusive of
65 of 1951 modification that for the words section 18FA of the Industries
“twelve years” occurring in the (Development and Regulation)
second proviso thereto, the words Act, 1951 shall apply to the tea
“ six years” shall be substituted ; undertaking or tea unit referred
[18FA (2) Where an application to in sub-section (1) to the same
is made under sub-section (I) the High extent as they apply to an
Court shall make an order empowering industrial undertaking.
the Central Government to authorise any [18FA. (3) Whereas an order has
person or body of persons (hereinafter been made by the High Court under sub-
referred to as the “authorised persons”) section (2), the High Court has direct the
to take over the management of the Official Liquidator or any other person
industrial undertaking or to exercise having, for the time being, charge of the
functions of control in relation to the management of control of the industrial
whole or any part of the industrial undertaking, whether by or under the
undertaking (hereinafter referred to as orders of any court, or any contract or
the “concerned part”) for a period not instrument or otherwise, to make over
exceeding five years; the management of such undertaking or
Provided that if the Central the concerned part, as the case may be to
Government is of opinion that it is the authorised person and thereupon the
expedient in the interest of the general authorised persons shall be deemed to be
public that the authorised person should the Official Liquidator in respect of the
continue to manage the industrial industrial undertaking or the concerned
undertaking or continue to exercise part, as the case may be.
functions of control in relation to the (4) Before making over the
concerned part, as the case may be, after possession of the industrial undertaking
the expiry of the period of five years or the concerned part to the authorised
aforesaid, it may make an application to person the Official Liquidator, shall
the High Court for the continuance of make a complete inventory of all the
such management of functions of assets and liabilities of the industrial
control, for such period, not exceeding undertaking or the concerned part, as the
two years at a time, as may be specified case may be, in the manner specified in
in the application and thereupon the section 18FG and deliver a copy of such
High Court may make an order inventory to the authorised person, who
permitting the authorised persons to shall, after verifying the correctness
continue to manage the industrial thereof, sign on the duplicate copy
 16

thereof as evidence of the receipt of the person employed by the authorized

inventory by him. person shall be deemed to have entered
(5) On taking over the into a fresh contract of service with the
management of the industrial company.
undertaking or on the commencement of (10) The proceedings in the
the exercise of functions of control in winding up of the company in so far as
relation to the concerned part, the they relate to :-
authorised person shall take immediate (a) the industrial undertaking, the
steps so as to run the industrial management of which has been
undertaking or the concerned part as to taken over by the authorized
ensure the maintenance of production. person under this section. or
(6) The authorised person may, (b) the concerned part in relation
on such terms and conditions and subject to which any function of control
to such limitations or restrictions as may is exercised by the authorised
be prescribed, raise any loan for the person under this section.
purpose of running the industrial [ shall during the period of such
undertaking of the concerned part, and management or control, remain stayed,
may for that purpose, create a floating and, in computing the period of
charge on the current assets of the limitation for the enforcement of any
industrial undertaking or the concerned right, privileges, obligation or liability in
part, as the case may be. relation to such undertaking or the
(7) Where the authorised person concerned part, the period during which
is of opinion that the replacement or such proceedings remained stayed shall
repair of any machinery of the industrial be excluded].
undertaking of the concerned part is 16J.The Central Government
necessary for the purpose of efficient may, if it is satisfied in relation to a tea
running of the industrial undertaking and undertaking, teaunit or any part thereof,
subject to such limitations of restriction the management or control of which has
as may be prescribed, make such been taken over under section 16D or
replacement or repair, as the case may under section 16E or under section 16-1,
be. that it is Power of Central necessary so as
(8) The loan obtained by the to do in the Government to interests of the
authorized person, shall be recovered general public make certain with a view to
from the assets of the industrial preventing fall declaration in in the
undertaking of the concerned part, in volume of the production in relation to of
such manner and subject to such tea, exercise in relation to such tea
conditions as may be prescribed. undertaking tea undertakings or tea unit
(9) For the purpose of running or or tea units part thereof the same
the industrial undertaking or exercising powers as are exercise able by it in
functions of control in relation to the relation to an industrial undertaking
concerned part, the authorised person under section 18-FB of the Industries
may employ such of the former (Development and Regulation) Act,
employees of the industrial undertaking 1951, and the said section and the Third
whose services become discharged by Schedule referred to therein shall apply
reason of the winding up of the company to a tea undertaking or the unit
owning such undertaking and every such accordingly.
 17

[18FB. (1) The Central as may be specified in the

Government may, if it is satisfied, in notified order.
relation to an industrial undertaking or
any part thereof, the management or (2) The notified order made
control of which has been taken over under sub-section (1) shall remain in
under section 18A, whether before or force, in the first instance, for a period of
after the commencement of the one year, but the duration of such
Industries (Development and notified order may be extended from
Regulation) Amendment Act, 1971, or time to time by a further notified order
under Section 18AA or section 18FA, by a period not exceeding one year at a
that it is necessary so as to do in the time :
interest or the general public with a view Provided that no such notified
to preventing fall in the volume of order shall in any case, remain in
production of any scheduled industry, it force—
may, be notified order declare that— (a) after the expiry of the period
(a) all or any of the enactments for which the management of the
specified in the Third Schedule industrial undertaking was taken
shall not apply or shall apply over under section 18A, section
with such adaptations, whether 18AA of section 18FA, or
by way of modification, addition (b) for more than five years in
or omission (which does not, the aggregate from the date of
however, affect the policy of the issue of the first notified order.
said enactments) to such Whichever is earlier.
industrial undertakings, as may (3) any notified order made
be specified such notified order, under sub-section (1) shall have effect
or notwithstanding anything to the
(b) the operation of all or any of contained in any other I w, agreement or
the contracts, assurances of instrument or any a decree or order of a
property agreements, settlements, court tribunal officer of other authority
awards, standing orders or other of any submission, settlement or
instruments in force (to which standing order.
such industrial undertaking or the (4) Any remedy for the
company owing such enforcement of any right privilege,
undertaking is a party of which obligation or liability referred to in
may be applicable to such clause (b) of sub-section (1) and
industrial undertaking or suspended or modified order made under
company) immediately before that sub-section shall in accordance with
the date of issue of such notified the terms of the notified order, remain
order shall remain suspended or suspended or modified, and all
that all or any of the rights, proceedings relating there to pending
privileges, obligations and before any court, tribunal, officer or
liabilities according or arising other authority shall accordingly remain
there under before the said date, stayed or be continued subject to such
shall remain suspended or shall adaptations, so however, that on the
be enforceable with such notified order ceasing to have effect –
adaptations and in such manner
 18

(a) any right, privilege, to a tea undertaking or tea unit, as the

obligation or liability so case may be.
remaining suspended or modified [18FD. (1) If, on receipt of the
shall become revived and report submitted by the authorised
enforceable as if the notified person, the Central Government is
order had never been made; satisfied-
(b) any proceeding so remaining (a) in relation to the company
stayed shall be proceeded with, owning the industrial
subject to the provisions of any undertaking, which is not being
law which may then be in force, wound up by the High Court, that
from the stage which had been the financial condition and other
reached when the proceedings circumstances of the company
became stayed. are such that it is not in a position
(5) In computing the period of to meet its current liabilities out
limitation for the enforcement of any of its current assets, that
right, privileges, obligation or liability Government may, if it considers
referred to in case (b) of subsection (1), necessary or expedient in the
the period during which it or the remedy interest of the general public so
enforcement thereof remained suspended as to do, by order, decide that the
shall be excluded ] industrial undertaking should be
16K. (1) Where the management sold as a running concern as
or control of a tea undertaking or tea provided in section 18FE and
unit, as the case may be, has been taken proceedings should
over under section 16D or under section simultaneously be started for the
16E or under section 16-1, the Central winding up, by the High Court,
Power of
central Govt may , at any time during the of the company;
Governme continuance of such management or (b) in relation to the company,
nt to call control, call for a report from the owning the industrial
for report authorised person on the affairs and undertaking, which is being
on the working of - the tea undertaking or tea wound up by the High Court that
affairs and
working of unit, and in submitting the report the its assets and liabilities are such
a manager authorised person shall take into account that in the interest of its creditors
tea under the inventory and list of members and and contributors the industrial
taking or creditors prepared under section 16L. undertaking should be sold as a
tea unit (2) On receipt of the report running concern as provided in
submitted by the authorised person, the section 18FE, it may, by order,
Central Government may exercise all or decide accordingly.
any of the powers conferred on it by (2) Notwithstanding anything
65 of 1951 sections 18FD, 18FE and 18FF of the contained in sub-section (1) if, on receipt
industries (Development and of the report submitted by the authorised
Regulation) Act, 1951 to the same extent person, the Central Government is
and subject to the same conditions, satisfied that—
limitations or restrictions as are specified (a) in the interests of the general
in the said sections, and the provisions of public, or
the said sections shall become applicable (b) in the interest of the
shareholders, or
 19

(c) to secure the proper (b) the authorised person shall, as

management of the company soon as may be, after the
owning the industrial decision specified in clause (a) of
undertaking it is necessary so as sub-section (1) of section 18FD
to do, that Government may by has been taken by the Central
order, decide to prepare a scheme Government present an
for the reconstruction of the application to the High Court for
company owning the industrial the winding up of the company
undertaking; Provided that no owning the industrial
such scheme shall be prepared in undertaking ;
relation to a company which is (c) when an application is made
being wound up by or under the by the authorised person, under
supervision of the High Court clause (b) for the winding up, by
except with the previous the High court, of the company
permission of that Court. owning the industrial
(3) The powers exercisable by undertaking, the High Court shall
the Central Govt. under section 18F, in order the winding up of the
relation to an undertaking taken over company and shall
section 18A, shall also be exercisable in notwithstanding any thing
relation to an undertaking taken over contained in the Companies Act,
under section 18AA or section 18FA, 1956, appoint the authorised
but such powers shall not be exercised person as the official Liquidator
after the making of an order sub-section in relation to such undertaking ;
(i) or, as the case may be, under sub-
section (2) of this section. (d)whenever the Central Govt.
Provisions where Govt. decides decided under clause (b) of sub-
to follow the course of action specified section (1) of section 18FD that
in section 18FD(1). the industrial undertaking should
18FE. (1) The provision be sold as a running concern it
hereinafter laid down shall apply where shall cause a copy of its decision
Central Govt. decides that the course of on to be laid before High Court;
action specified in sub section (1) of
section 18FD should be followed, (e) until the industrial
namely- undertaking referred to in clause
(a) the decision of the Central (a) or clause (b) of sub-section(1)
Govt. that the course of action of section 18FD is sold or
specified in clause (a) of sub- purchased in pursuance of this
section(1) of section 18FD section, the authorised person
should be followed in relation tea shall continue to function as the
company owning an industrial Official Liquidator in relation to
undertaking shall be deemed to the said undertaking in the
be a ground specified in section winding up proceedings of the
433 of the Companies Act, 1956, company, and, thereafter the
on which the company may be Official Liquidator appointed by
wound up by the High Court ; the Central Govt. under section
448 of the Companies Act, 1956,
 20

shall take over and function as (4) Notice of the reserve price
the Official Liquidator in the said determined by the authorised person
proceedings. shall be given in such manner as may be
prescribed to the members and creditors
(2) The authorised person shall of the company owning such industrial
make a report to the Central Govt. as to undertaking to make representations
what should be the reserve price for the within a specified time to the Central
sale of the industrial undertaking as a Govt. through the authorised person and
running concern. the Central Govt. shall, after considering
(3) In making a report under sub- the representations received and the
section (2) the authorised person shall report of the authorised person,
have regard to- determine the reserve price.
(a) the financial condition of the (5) The authorised person shall
company owning the industrial thereafter, with permission of the High
undertaking on the date on which Court, invite tenders from the public in
the order under section 18FD is such manner as may be determined by
made – the High Court for the sale of the
(i) as disclosed in its industrial undertaking as a running
books of account, concern subject to the conditions that it
(ii) as disclosed in its will be sold to the person offering the
balance sheet and profit highest price which shall not be less than
and loss a/c during a the reserve price determined under sub-
period of five years section (4) ;
immediately preceding Provided that the High Court
the said date ; shall not refuse to grant such permission
(b) the condition and nature of if it is satisfied that the company is not
the plant, machinery, instruments in a position to meet its current liabilities
and other equipment from the out of its current assets.
point of view of their suitability (6) The Industrial undertaking
for profitable use in the running shall be sold to the highest bidder, as a
of the industrial undertaking ; running concern, only if the price
(c) the total amount of liability offered by him therefore is not less than
on account of secured an the reserve price.
unsecured debts including (7) Where no offer of price, is
overdrafts, if any, drawn on equal to, or more than, the reserve price,
banks, liabilities on account of the industrial undertaking shall be
terminal benefits to the purchased by the Central Govt. as the
employees and other borrowings reserve price.
and other liabilities of the (8) (a)The amount realised from
company ; and the sale of the industrial
(d) other relevant factors undertaking as a running concern
including the factor that the together with any other sum
industrial undertaking will be which may be realised from any
sold free from all encumbrances. contributory, purchaser or any
other person from whom any
money is due to the company
 21

shall be utilised in accordance authorities and privileges, the

with the provisions of the liabilities duties and obligations
Companies Act. 1956, in of the company on its
discharging the liabilities of the reconstruction ;
company and distributing the (b) any change in the Board of
balance, if any, amongst the Directors, of the appointment of
members of the company ; a new Board of Directors, of the
(b) In other respects the company on its reconstruction
provisions of the Companies Act. and the authority by whom, the
1956, relating to the winding up manner in which and the other
of a company by the High Court terms and conditions on which,
shall, as far as may be apply. such change or appointment shall
(9) When an industrial undertaking is be made and in the case of
sold to any person under sub-section (6), appointment of a new Board of
or purchased by the Central Govt. under Directors or of any Director, the
sub-section (7), there shall be transferred period for which such
to and vested in the purchaser, free from appointment shall be made ;
all encumbrances, all such assets relating (c) the vesting of controlling
to the industrial undertaking as are interest in the reconstructed
referred to in sub-clause (i) of clause (a) company, in the Central Govt.
of section 18FG and existing at time of either by the appointment of
the sale of purchase. additional directors or by the
Provisions where Government allotment of additional sharer ;
decides to follow the course of action (d) the alteration of the
specified in section 18FD (2). memorandum and articles of
18FF (1) Where in any case the association of the company, on
Central Govt. decides that the course of its reconstruction, to give effect
action specified in sub-section (2) of to such reconstruction ;
section 18FD should be followed, it (e) subject to the provisions of
shall, subject to the provisions of that the scheme, the continuation by
sub-section cause to be prepared by the or against the company, on its
authorised person, a scheme for the reconstruction, of any action or
reconstruction of the company, owning proceedings pending against the
the industrial undertaking in accordance company immediately before the
with the provisions hereinafter contained date of its reconstruction ;
and the authorised person shall submit (f) the reduction of the interest or
the same for the approval of that rights which the members and
Government. creditors have in or against the
(2) the scheme for the company before its
reconstruction of the company owing the reconstruction to such extent as
industrial undertaking may contain the Central Government may
provisions for all or any of the following consider necessary in the interest
matters namely ; of the general public or in the
(a) the constitution, name and interest of the members and
registered office, the capital creditors or for the maintenance
assets, powers, rights, interests, of the business of the company ;
 22

their respective shares on

Provided that nothing contained payment in cash to those
in this clause shall be deemed to members who may volunteer to
authorise the reduction of the interest or sell their shares to the Central
right of any creditor ( including Govt.) in Govt. in full satisfaction of their
respect of any loan or advance made by claim –
that creditor to the company after the (i) in respect of their
date management of the industrial interest in shares in the
undertaking of the company has been company before its
taken over under section 18A, section reconstruction ; or
18AA, or section 18FA. (ii) where such interest has
(g) the payment in cash or been reduced under clause
otherwise to the creditors in full (f) in respect of their
satisfaction of their claim :- (i) in interests in shares as so
respect of their interest or rights reduced ;
in or against the company before (j) the conversion of any
the reconstruction ; or debentures issued by the
(ii) where their interest or company after the taking over of
rights in or against the the management of the company
company has or have been under section 18A or section
reduced under clause 18AA or section 18FA or of any
(f) in respect of such interest, loans obtained by the company
or rights as so reduced ; after that date or of any part of
such debentures or loans, into
(h) all allotment to the members shares in the company and the
of the company for shares held allotment of those shares to such
by them therein before its debenture holders or creditors, as
reconstruction (whether their the case may be ;
interest in such share has been (k) the increase of the capital of
reduced under clause (f) or not), the company by the issue of new
of shares in the company on its shares and the allotment of such
reconstruction and where it is not new shares to the Central
possible to allot shares to any Government ;
members the payment in cash to (l) the continuance of the
those members in full satisfaction services of such of the
of their claim – employees, of the company as
(i) in respect of their interest the Central Govt. may specify in
in shares in the company the scheme in the company itself,
before its reconstruction ; or on its reconstruction, on such
(ii) where such interest has terms and conditions as the
been reduced under clause (f) Central Govt. thinks fits;
in respect of their interests in (m) notwithstanding anything
shares as so reduced ; contained in clause (1) where any
(i) the offer by the Central Govt. employee of the company whose
to acquire by negotiations with services have been continued
the members of the company under clause (1) have, by notice
 23

in writing given to the company draft scheme as if may consider

at any time before the expiry of necessary in the right of the
one month next following the suggestions and objections
date on which the scheme is received from the company, from
sanctioned by the High Court, the registered trade unions of
intimate their intention of not which the employees of the
becoming employees of the company are members and from
company, on its reconstruction any members or creditors of the
the payment to such employees company.
and to other employees whose
services have not been continued (4) The scheme shall thereafter
on the reconstruction of the be placed before the High Court for the
company of compensation, if sanction and the High Court if, satisfied
any, to which they are entitled that the scheme is in the interests of the
under the Industrial Disputes shareholders or for securing the proper
Act, 1947 and such pension, management of the company and that
gratuity, Provident fund and scheme is designed to be fair and
other retirement benefits reasonable to the members and the
ordinarily admissible to them creditors of the company, may after
under the rules or authorisations giving a reasonable opportunity to the
of the company immediately company and to its members and
before the date of its creditors of showing cause, sanction the
reconstruction; scheme without any modification or its
(n) any other terms and such modifications as it may consider
conditions for the reconstruction necessary.
of the company; (5) The scheme, as so sanctioned
(o) such incidental consequential by the High Court, shall come into force
and supplemental matters as are on such date as that Court may specify in
necessary to secure that the this behalf. Provided that different dates
reconstruction of the company may be specified for different provisions
shall be fully and effectively of the scheme.
carried out. (6) The sanctioned accorded by
the High Court under sub-section (4)
(3)(a) A copy of the scheme, as shall be conclusive evidence that all the
approved by the Central Govt. requirements of this section relating to
shall be sent in draft to the the reconstruction of the company have
company, to the registered trade been compiled with and a copy of the
unions, if any, of which the sanctioned scheme certified by the High
employees of the company are court to be a true copy there of, shall, in
members and to creditors thereof all legal proceeding, (whether original or
for suggestions and objections, if in appeal or otherwise), be admitted as
any, within such period as the evidence to the same extent as the
Central Govt. may specify for original scheme.
this purpose. (7) On and from the date of the
(b) The Central Govt. may make coming into operation of the scheme or
such modifications, if any, in the any provision thereof, the scheme or
 24

such provision shall be binding on the person for carrying on the Management
company and also on all the members of, or existing functions of control in
and other creditors and employees of relation to the whole or any part of a tea
company and on any other person having undertaking or tea unit, the management
any right or liability in relation to the or which has been taken over or in
company. purported to have been taken over under
(8) On the coming into operation section 16D or section 16E or section
of the scheme or any provision, thereof, 16-I,
the authorised person shall cease to (a) Shall have priority over all
function and the management of the other debts, whether secured or
reconstructed company shall be assumed unsecured, incurred before the
by the Board of Directors as provided in management of such tea
the scheme. undertaking or tea unit was taken
(9) Copies of the scheme shall be over ;
laid before each House of Parliament, as (b) shall be a preferential debt
soon as may be after the scheme has within the meaning of section
been sanctioned by the Court. 530 of companies Act, 1956 and
(10) The provisions of this all such debts shall rank equally
section and of any scheme made there among themselves and be paid in
under shall have effect notwithstanding full out of the assets of the tea
anything contained in section 391 to undertaking or tea unit, unless
394A (both inclusive) of the Companies such assets are in sufficient to
Act, 1956. meet them, in which case they
Preparation of inventory of assets shall be recoverable from the
and liabilities and list of members and owner of the tea undertaking that
creditors of managed company. the period of management or
control has ended due to expiry
16L. For the purposes of this Act of the period for which it was
the authorised person shall as soon as taken over or due to cancellation
Preparatio may be after taking over the of the order under section 16FH
n of an management of a tea undertaking or tea or pursuance of the order of any
inventory unit, prepare a complete inventory of the Court.
of the
assets and properties, belongings, liabilities and 16M. No suit or other legal
liabilities obligations of such tea undertaking or proceedings shall be instituted or
and list of tea unit, as the case may be, and a list of continued against a tea undertaking or
members members and creditors of such tea tea unit in respect of which an order has
and undertaking or tea unit, in accordance been made under section 16D or section
creditors
of with the provision of section 18FG of 16E, except with the previous
managed the Industries (Development and permission of the Central Government or
tea Regulation) Act, 1951, and the said of any officer authorised by the
undertakin section shall apply to a tea undertaking Government in this behalf.
or tea unit accordingly. 16N. Until any rule is made in
relation to any matter referred to in this
Debts *16LL. Every debt arising out of Chapter, the rules made by the Central
incurred any loan or any other financial Government under the Industries
and accommodation obtain by the authorised (Development and Regulation Act,
investment
s made by
the
authorised
person to
have
priority
 25

1951), in relation to such matter shall, as control of the company, whether

far as may be, apply, to the extent they within or without India; and all
are not repugnant to any provision of books of account, registers,
this Act or any rule made there under maps, plans, sections, drawings,
and references in such rules to the records, documents or titles of
provisions of that Act shall be construed ownership of property and all
accordingly. other documents of whatever
18FG. For the purpose of this nature relating thereto; and
Act, the authorised persons shall as soon (ii) all borrowings liabilities and
as may be, after taking over the obligations of whatever kind of
management of the industrial the company including liabilities
undertaking of a company under section on account of terminal benefits to
18A or section 18AA or section 18FA. its employees subsisting
(a) prepare a complete inventory immediately before the said date;
of – * Inserted as per the Gazette of India
(i) all properties, notification dt. 27-12-80.
movable, and immovable (3) Prepare separately a list of
including lands, buildings, members and a list of creditors of such
works, workshops, stores, company as on the date of taking over of
instruments, plant, machinery, the management of the industrial
automobiles and other vehicles, undertaking showing separately in the
stocks of materials, cash balances list of creditors, the secured creditors
cash production in the course of and the unsecured creditors ; Provided
production, storage or transit, that where the management of the
raw materials, cash in hand industrial undertaking of a company has
deposit in bank or with any other been taken over under the said section
person or body or on loan, 18A before the commencement of the
reserve funds, investments and Industrials (Development & Regulation)
book debts and all other rights Amendment Act, 1971, the aforesaid
and interests arising out of such function shall be performed by the
property as were immediately authorised person within six months
before the date of taking over of from such commencement.
the industrial undertaking in the
ownership, possession, power or

CHAPTER – IV

CONTROL OVER THE EXPORT OF TEA AND TEA SEED

17. Control of Export of tea and tea (3) No tea or tea seed shall be
seed -- (1) No tea shall be exported taken by land, sea or air of any State to
unless covered by a licence issued by or any of the *(French or) Portuguese
on behalf of the Board. Settlements bounded by India, unless
(2) No tea seed shall be exported covered by a permit issued by or on
unless covered by a permit issued by or behalf of the Board.
on behalf of the Central Government.
 26

18. Tea or tea seed for export to be as may be prescribed, any tea estate or
covered by licence or permit -- (1) No any sub-division of a tea estate shall
consignment of tea or tea seed shall be have the right to receive under this Act
shipped or water-borne to be shipped for an export quota for each financial year.
export or shall be exported until the (2) The export quota of a tea
owner has delivered to the Customs- estate, or a sub-division of a tea estate,
Collector a valid export licence or a that, is, the total quantity of tea which
valid permit issued by or on behalf of the may be exported by the owner of a tea
Board or the Central Government, as the estate or a sub-division of a tea estate
case may be, covering the quantity to be during the financial year, shall be an
shipped. amount determined by the Board in
(2) No consignment of tea or tea accordance with such principles as may
seed shall be shipped or water-borne to be prescribed. Provided that when an
be shipped for carriage (or shall be taken export allotment is altered under the
by land or air) to any of the *(French or) provisions of sections 19, the export
Portuguese settlements bounded by India quota shall be liable to be altered
until the owner has delivered to the accordingly.
Customs-Collector a permit issued by or (3) The total export quotas
on behalf of the Board covering the allotment to tea estate and to sub-
quantity to be shipped. divisions thereof at any time during any
(3) No permit for the passage of financial year shall not exceed the export
any tea or tea seed by land into any of allotment for the time being for that
the *(French or) Portuguese Settlements year.
bounded by India shall be granted under 21.Right in export licences --
sub-section (1) of sections 5 of the Land +(1) The owner of a tea estate or a sub-
Customs Act, 1924 (XIX of 1924), division of a tea estate to which an
unless the application for such permit is export quota has been allotted for any
accompanied by a permit granted in this financial year shall have the right to
behalf by the Board covering the obtain at any time export licences during
quantity to be passed. that year to cover the export of tea up to
+19. Export allotment -- The the amount of the quota less the amount
Central Government shall, after for which the export licences have
consulting the Board and paying due already been issued against it.
regard to all interests concerned and to
the standard export figure, declare, by +(2) The right of the owner of a
notification in the Official Gazette, the tea estate or a sub-division of a tea estate
export allotment to each financial year; under this section may be transferred
subject to such conditions as may be
Provided that the Central Govt. prescribed, and the transferee of any
may by subsequent notification at any such right may again transfer the whole
time during the financial year after the or any part of his right to the owner of a
export allotment and thereupon the tea estate, or a sub-division of a tea
export allotment as so altered shall be estate but not to any other person ;
the export allotment for that year. Provided that nothing in this sub-section
shall operate to restrict the issue of
+ 20. Export quotas and
licences --(1) Subject to such conditions
 27

licences for the export of tea expressed conferred thereby to a person or persons
to be sold with export rights. nominated by him, but a licence once so
transferred shall not be further
+(3) The owner of any tea estate transferable.
or any sub-division of a tea estate to (3) A special export licence shall
which an export quota has been allotted be in duplicate in the prescribed form,
or any person to whom he has shall bear the date of its issue and shall
transferred his rights may at any time be valid up to the 31st day of May of the
before the 21st day of March of the financial year in which it was issued.
financial year to which the quota relates
apply in writing to the Board for an (4) The quantity to tea covered
export licence to cover the export of tea by a special export licence shall be
up to the amount of the unexhausted accounted for against the export quota of
balance of the quota. the year in which the original licence
was or could have been issued under this
(4) Every licence shall be in Act.
duplicate in the prescribed form, shall (5) Notwithstanding anything
bear the date of its issue and shall be contained in the foregoing subsection the
valid up to the end of the financial year Board may, with the general or special
in which it is issued. previous sanction of the Central Govt.
refuse to issue a special export licence or
Provided that, save as provided postpone for so long as the Central Govt.
in section 22, the Board shall not issue may require the issue of any special
any export licence after the end of the export licence.
financial year in which the application
for licence was made. +23. Board to maintain account
of quotas –
+22. Special export licences :-- (1) The Board shall maintain an
(1) Where tea in respect of which account of every export quota showing,
an export licence has been or could have in addition to such other particulars as
been granted under this Act has not been the Board may think fit, the licences
exported before the end of the financial issued against it and the unexhausted
year in which the licence was or could balance.
have been issued, the person to whom (2) Any owner of a tea estate or a
license was could have been granted sub-division of a tea estate shall be
may, before the 14th day of April of the entitled on payment of the requisite fee,
following financial year forward an to a copy of the account relating to his
application to the Board for a special quota, certified in the manner laid down
export license covering the same in the by-laws made by the Board.
quantity of tea, and the Board shall, on ##24.. Limitation of application of
receipt of the prescribed fee, if any, issue Chapter -- Nothing in this Chapter shall
a special export licence accordingly. apply to tea :--
(2) A person to whom a special (a) proved to the satisfaction of
export license has been issued under the Customs collector to have
sub-section (1) may transfer the special been imported into India from
export licence with all the rights any port outside India ; or
 28

(b) shipped as stores on board (d) exported with the previous

any vessel or aircraft in such sanction of the Central Govt.
quantity as the Customs collector within limits prescribed in this
considers reasonable having behalf, by a Red Cross Society or
regard to the number of the crew by any organisation for providing
and passengers and length of the amenities for troops overseas ; or
voyage on which the vessel or
aircraft is about to depart ; or (e) taken as part of the personal
luggage of a passenger.
(c) exported by post in packages
not exceeding *(Five Kilograms)
in weight ; or

* Omitted vide French Establishments (Application of Laws) Order, 1954 Published in Govt. of
India. Notification No. S.R.O. 3315 dated 1-11-54.
+ Suspended as per Notification No. SO.[12(2) Plant (A)/61 dt. 14-11-61] issued by the Govt. of India,
Ministry of Commerce and Industry, New Delhi.

+ Suspended as per Notification No. SO.[ 12(2) Plant (A)/61 dated 14-11-61] issued by the Govt. of
India, Ministry of Commerce and Industry, New Delhi.

## Suspended as per Notification No. SO.[ 452(E) dated 30.03.2005] issued by the Govt. of
India, Ministry of Commerce and Industry, New Delhi.

+ Suspended as per Notification No. SO.[12(2) Plant (A)/61 dated 14-11-61] issued by the Govt. of
India Ministry of Commerce and Industry, New Delhi.
* Amended under the Customs Duties and Cesses (Conversion to Metric Units) Act 1960 (No.40)of
1960) published in the Gazette of India Extraordinary dated 22-9-60 and enforced with effect from 1-
10-60 as per Notification, Extraordinary of the Govt. of India in the--Ministry of Commerce &
Industry No. 2348 dated 23-9-1960.

CHAPTER V

FINANCE, ACCOUNTS AND AUDIT

** @ 25. Imposition of cess on tea to the location of,and the climatic

produced in India – conditions pervailing in the tea estates or
(1) There shall be levied and gardens producing such varieties or
collected as a cess for the purposes of grades of tea any other circumstances
this Act a duty of excise on all tea applicable to such production.
produced in India at such rate not (2) The duty of excise levied
exceeding fifty paisa per kilogram as the under sub-section (1) shall be in addition
Central Govt. may, by notification in the to the duty of excise leviable on tea
Official Gazette fix. Provided that under the Central Excises and Salt Act,
different rates may be fixed for different 1944, or any other law for the time being
varieties or grades of tea having regard in force, (1 of 1944).
 29

(3) The provision of the Central

Excises and Salt Act, 1944 and the rules (c) any other fee that may be
made there under, including those levied and collected under this
relating to refund and (1 of 1944) Act or the rules made there
exemption from duty, shall, so far as under.
may be, apply in relation to the levy and (2) The Fund shall be applied towards
collection of the duty of excise under meeting the expenses of the Board and
this section as they apply in relation to the cost of the measures referred to in
the levy and collection of the duty of section 10.
excise on tea under the said Act. 28. Borrowing Powers of Board -
26. Payment of proceeds of cess Subject to such rules as may be made in
to the Board - proceeds of the cess this behalf, the Board shall have power
levied under sub-section (1) of section to borrow on the security of the fund or
25 shall first be credited to the any other asset for any purposes for
Consolidated Fund of India and the which the fund may be applied.
Central Govt. may thereafter, from time
to time pay to the Board from an out of @ 28A. Writing off losses - Subject to
such proceeds such sums of money as it such conditions as may be specified by
may think fit after deducting the the Central Govt., where the Board is of
expenses of collection. opinion that an amount due to, or any
*26A. Grants and loans by the Central loss, whether of money or of property
Govt. to the Board - The Central Govt., incurred by the Board is irrecoverable,
may after due appropriation by the Board may, with the previous
Parliament by law in this behalf pay to approval of the Central Govt., sanction
the Board by way of grants of loans such the writing off finally of the said amount
sums of money as Central Govt. may or loss; Provided that no such approval
consider necessary. of the Central Govt., shall be necessary
27. Constitution of Fund – where such irrecoverable amount of loss
(1) There shall be formed a fund to be does not exceed in any individual case
called the Tea Fund, and there shall be and in the aggregate in any year such
credited thereto – amounts as may be prescribed.
(a) the proceeds of the cess made 29. Account and Audit - (1) The Board
over to the Board by the Central shall cause accounts to be kept all
Government: moneys received and expended by it. (2)
The account shall be audited every year
***(ab) any sum of money by auditors appointed in this behalf by
including dividend, if any, the Central Govt. and such auditors shall
realised by the Board in carrying disallow every item, which in their
out any measure referred to in opinion is not authorised by this Act or
clause (ii) of sub-section (2) of any rule made or direction issued there
section 10; under. (3) The Board may, within three
months from the date of communication
(b) all fess levied and collected in to it of the disallowance of any item as
respect of licences, permits and aforesaid, appeal against such
permission issued under this Act; disallowance to the Central Govt. whose
and decision shall be final.
 30

@ Substituted-Vide the Tea (Amendment) Act, 1967 (No.21 of 1967). Published in Gazette of India
Extraordinary, Part-II Section I dated 14-8-1967.
* Inserted as passed by Parliament and published in the Extraordinary Gazette of India Part II
Section I
on 25.5.1970.
** Amended as per the Tea (Amendment ) Act, 1986 Published in the Gazette of India Extraordinary
Part II section I. New Delhi, dated 14.05.1986.
*** Inserted as per the gazette of India Notification No.79 dt. 27.12.80.

@ Inserted as per Tea (Amendment) Act, 1986 Published in the Gazette of India, extraordinary Part
IISection 1 dt. 14-5-86

CHAPTER VI

CONTROL BY THE CENTRAL GOVERNMENT

30. Power to control price and (3) The Central Govt. may, by
distribution of tea or tea waste - (1) general or special order –
The Central Govt. may, by order notified (a) prohibit the disposal of tea or
in the Official Gazette, fix in respect of tea waste except in such
tea of any description specified therein – circumstances and under such
(a) the maximum price or the conditions as may be specified in
minimum price or maximum and the order;
minimum prices which may be (b) direct any person growing,
charged by a grower of tea, manufacturing or holding in
manufacturer or dealer, stock, tea or tea waste, sell the
wholesale or retail, whether for whole or a part of such tea waste
the Indian market or for export; so grown or manufactured during
(b) the maximum quantity which any specified period, or to sell
may in one transaction be sold to the whole or a part of the tea or
any person. tea waste so held in stock, to
such person or class of persons
(2) Any such order may for and in such circumstances as
reasons to be specified therein – may be specified in the order;
(a) fix prices for such tea (c) regulate by licences, permits
differently in different localities or otherwise the production,
or for different classes of dealers, storage, transport or distribution
or for growers of tea or of tea or tea waste.
manufacturers;
(b) instead of specifying the price (4) Where in pursuance of any
or prices to be charged, direct the order made with reference to clause (b)
price or prices shall be computed of subsection (3), any person sells the
in such manner and by reference whole or a part of any quantity of tea or
to such matters as may be tea waste, there shall be paid to him as
provided by the order; price there for –
 31

(a) where the price can be fixed make such search, of tea or tea
by agreement consistently with waste in respect of which such
the order, if any, relating to the person has reason to believe that
fixation of price issued under a contravention of the order has
sub-section (1) the price so been, is being or is about to be
agreed upon; committed, the grant or issue of
(b) where no such agreement can licences, permits or other
be reached, the price calculated documents and the charging of
with reference to any such order fees therefore.
as is referred to in clause (a); 31. General Controlover acts and
(c) where neither clause (a) not proceeding of the Board—
clause (b) applies, the price (1) All acts and proceedings of the
calculated at the market rate Board shall be subject to the control of
prevailing in the locality at the Central Government which may cancel,
date of sale. suspend or modify as it thinks fit any
action taken by the Board.
(5) Without prejudice to the (2) The Board shall carry out such
generality of the powers conferred by directions as may be issued to it from
sub-sections (1) and (3), any order made time to time by the Central Government
there under may provide – for the efficient administration of this
(a) for requiring persons engaged Act.
in the production, supply or (3) The records of the Board shall be
distribution of, or trade and open inspection at all reasonable times
commerce in, tea or tea waste to by any officer authorised in this behalf
maintain and produce for by the Central Government
inspection such books, accounts
and records relating to their 32. Appeal to Central Government --
business and to furnish such Any person aggrieved by an order of the
information relating thereto as Board under section 14 section 15 or
may be specified in the order ; section 20 may appeal to the Central
(b) for such other matters, Government within sixty days from the
including in particular the date thereof and the Central Govt. may
entering and search of premises, cancel, modify or suspend any such
vehicles, vessels and aircraft, the order.
seizure by a person authorised to

CHAPTER VII

MISCELLANEOUS

33. Licensing of brokers, tea in notification engage himself as a

manufacturers etc.- The Central Govt. broker, manufacture or dealer in tea
may whenever if thinks it necessary so waste or engage, himself in the business
to do, by notification in the Official of blending tea except under and in
Gazette require that no person shall on accordance with the provision of a
and from such date as may be specified licence issued by the Board in
 32

accordance with the rules made under that quota and refuse to issue any further
this Act : and any person who on and export licences against that quota or
after such date so engages himself recognise or give effect to any transfer
without obtaining a licence issued by the of quota under section 21.
Board shall be deemed to have (3) The Board may serve by
contravened the provisions of the registered post a notice upon any
section. manufacturer, broker, dealer or dealer in
34. Power of inspection -- Any person tea waste, requiring him to furnish,
authorised in this behalf by the Central within such period as it may specify in
Govt. or by the Board or any member so the notice, such returns relating to the
authorized by the Chairman in writing or manufacture, stock, purchase, sale or
any officer of the Board may enter at all export of tea or tea waste as it may deem
reasonable times any tea estate or any necessary.
place or premises where tea or tea waste 36. Penalty for illicit export -- A beach
is stored, kept or exposed for sale and of the provisions of sub-section (1) or
may require the production for his sub-section (2) of section 18 shall be
inspection of any book, register, record punishable as if it were an offence under
or other paper kept therein and ask for item No. 8 of section 167 of the Sea
any information relating to the Customs Act, 1878 (VIII of 1878), and
production, storage or keeping for sale the provisions of section 168 and of
of tea or tea waste. ChapterXVII of that Act shall apply
35. Power of Board to call for returns- accordingly.
(1) The Board may serve by 37. Penalty for making false return –
registered post a notice upon the owner Any person who being required by or
of any tea estate or any subdivision of a under this Act to furnish any return fails
tea estate or upon his manager, requiring to furnish such return or furnishes a
him to furnish, within such period as it return containing any particular which is
may specify in the notice, such returns false and which he knows to befalse or
relating to the production, sale and does not believe to be true shall be
export of tea produced on the estate or to punishable with fine which may extend
any other matter as it may deem to one thousand rupees.
necessary. 38. Penalty for obstructing an officer
(2) Where the owner of any tea or member of the Board in the
estate or any sub-division of any tea discharge of his duties and for failure
estate or his manager being required to produce books and record-- Any
under sub-section (1) to furnish any person who—
return fails to furnish such return within (a) obstructs a member
the period specified in the notice or authorised by the Chairman in
furnishes a return containing any writing or an officer of the Board
particular which is false and which he or a person authorised in this
knows to be false or does not believe to behalf by the Central
be true the Board may refuse to allot an Government or by the Board in
export quota to that estate or sub- the exercise of any power
division under section 20 or where an conferred, or in the discharge of
export quota has already been allotted any duty imposed on him by or
may cancel the unexhausted balance of under this Act, or
 33

(b) having the control or custody court may deem fit, shall be forfeited to
of any account book or other the Central Government.
record, fails to produce such (2) Any person who attempts to
book or record where required to contravention or abets the contravention
do so by or under this Act, shall of, any order under sub-section (1) or
be punished with imprisonment sub-section (3) of section 30 shall be
which may extend to one year, or deemed to have contravened that order.
with fine which may extend to 42.Other penalties -- Whoever
one year, or with fine extend to contravenes or attempts to contravene or
one thousand rupees, or with abets the contravention of the provisions
both. of this Act or of any rules made there
39. Penalty for illicit cultivation -- under other than the provisions,
Whoever knowingly plants tea or causes punishment for the contravention
tea to be planted on any land in whereof has been provided for in section
contravention of section 12 shall be 36,37,38,39 and 41 shall be punishable
punishable with fine which may extend with imprisonment which may extend to
to one thousand rupees for the first six months, or with fine which may
offence, and with fine which may extend extend to five thousand rupees, or with
to five thousand rupees for any both, and in the case of a continuing
subsequent offence. contravention with an additional fine
40. Removal of tea planted without which may extend to five hundred
permission -- Where any person has rupees for every day during which such
been convicted of any offence under contravention continues after conviction
section 39, the convicting court may for the first such contravention.
direct that the tea in respect of which the 43.Offences by companies –
offence was committed shall be removed (1) If the person committing an
from the land within a specified time, offence under this Act, or the rules there
and in the event of the order not being under is a company, every person, who
duly complied with, may cause the tea to at the time the contravention
be removed and may recover the cost wascommitted, was in charge of, and
from the person convicted as if it were was responsible to, the company for the
and arrear of land revenue due on the tea conduct of the business of the company,
estate on which the offence was as well as the company, shall be deemed
committed. to be guilty of the contravention and
41. Penalty for contravention of order shall be liable to be proceeded against
relating to control of price and and punished accordingly :
distribution—
(1) If any person contravenes any Provided that nothing contained
order made under sub-section(1) or sub- in this sub-section shall render any such
section (3) of section 30, he shall be person liable to any punishment if he
punishable with imprisonment for a term proves that the offence was committed
which may extend to six months, or with without his knowledge or that he
fine which may extend to five thousand exercised all due diligence to prevent the
rupees, or with both; and the property in commission of such offence.
respect of which the order has been
contravened or such part thereof as the
 34

(2) Notwithstanding anything (iii) Tea (Marketing) Control

contained in sub-section (1) where an Order, 1984
offence under this Act or the rules there 46. Protection of action taken in good
under has been committed by a company faith—
and it is proved that the offence has been (1) No suit prosecution or other legal
committed with the consent or proceeding shall lie against any person
connivance of, or is attributable to any for anything which is in good faith done
neglect on the part of any director or or intended to be done under this Act or
manager, secretary or manager, secretary any rule or order made there under.
or other officer of the company such
director, manager, secretary or other * “(2) No suit or other legal proceeding
officer shall also be deemed to be guilty shall lie against the Central Govt. for any
of that offence and shall be liable to be damage caused or likely to be caused by
proceeded against and punished anything which is in good faith done or
accordingly. intended to be done under this Act or
any rule or order made there under.”
Explanation -- For the purposes 47. Power to delegate -- The Central
of this section. (a) “company” means Govt. may, by order notify in the
any body corporate and includes a firm Official Gazette, direct that any power
or other association of individuals; and exercisable by it under this Act may also
(b) “director” in relation to a firm means be exercised in such cases and subject to
a partner in the firm. such conditions, if any, as may be
specified in the order by such officer or
44. Jurisdiction of courts-- No court authority as may by specified therein.
inferior to that of a Presidency 48. Suspension of operation of Act –
Magistrate or a Magistrate of the First (1) If the Central Govt. is
Class shall try any offence punishable satisfied that circumstance have arisen
under this Act. rendering it necessary that certain of the
restrictions imposed by this Act should
45. Previous sanction of Central cease to be imposed or if it considers it
Government for prosecution- necessary or expedient so do in the
(1)No prosecution for any offence public interest, the Central Government
punishable under this Act shall be may, by notification in the Official
instituted except with the previous Gazette, suspend or relax to a specified
sanction of the Central Government. extent either indefinitely or for such
period as may be specified in the
(2)** Notwithstanding above, Chairman, notification the operation of all or any of
Tea Board shall exercise the powers of the provisions of this Act.
the Central Government under the (2) Where the operation of any
provisions of this Section in respect of provisions of this Act has under sub-
following Statutory Orders issued under section (1) been suspended or relaxed
the provisions of the Act :- indefinitely, such suspension of
(i) Tea Warehouses Licensing relaxation may at any time while this
Order, 1980 Act remains in force be removed by the
(ii) Tea(Regulation of Export Central Government by notification in
Licensing)Order, 1984 the Official Gazette.
 35

contracts may be made by or on

49. Power of Central Government to behalf of the Board;
make rule –
(1) The Central Government may, (g) the preparation of budget
subject to the condition of previous estimate of the receipts and
publication, make rules for carrying out expenditure of the Board and the
the purposes of this Act. authority by which such
estimates shall be sanctioned ;
(2) In particular, and without prejudice
to the generality of the foregoing power, (h) the powers of the Board and
such rules may provide for all or any of the Executive Committee and the
the following matters namely :-- Chairman, in regard to the
(a) the constitution of the Board, incurring of expenditure, and the
the number of persons to be re-appropriation of estimated
appointed as members from each savings in any budget head to
of the categories specified in sub- another such head ;
section (3) of section 4, the term (i) the conditions subject to
of office and the other conditions which the Board may incur
of service of the procedure to be expenditure ;
followed by, and the manner of
filling vacancies among, the (j) the conditions subject to
members of the Board ; which the Board may borrow ;

(b) the circumstances in which, * (ja) the amounts for the

and the authority by which, purposes of the provise to section
members may be removed; 28A ;

(c) the holding of a minimum (k) the form and the manner in
number of meetings of the Board which accounts whould be kept
every year; by the Board ;

(d) the pay, allowances and other (l) the basis on which the export
conditions of service of the quota of a tea estate or a sub-
Secretary and other officers division of a tea estate shall be
appointed by the Central determined ;
Government ;
(m) the conditions subject to
(e) the maintenance of records of which export quota, export
all business transacted at licences and special export
meetings of the Board and the licences shall be transferable ;
submission of copies of such
records to the Central Govt.; (n) the conditions subject to
which permits for the planting of
(f) the conditions subject to tea on land not carrying tea shall
which, and the mode in which, be granted ;
 36

(o) the collection of any (v) the returns to be furnished by

information or statistics in owners of tea estates, or
respect of the tea industry and the subdivisions thereof,
tea trade ; manufacturers, dealers and
brokers relating to the
(p) the fees to be levied in production, manufacture, stock,
respect of licences, permits and sale and export of tea and tea
permissions issued under this Act waste and the form and manner
; in which such returns are to be
(q) the procedure for the grant or furnished ;
issue of licences, permits and
permission under this Act, the (w) the fees to be charged for
time within which such licences, granting certified copies of
permits or permissions shall be accounts of quotas ;
granted or issued including, in
particular, the publication of (x) any other fee that may be
notices calling for applications necessary for the Board to levy in
and the holding of such inquiry order to determine or redetermine
in regard thereto as may be the basis on which export quota
necessary in the circumstances ; may be fixed ;

(r) the form of application for (y) any other matter which is to
licences, permits or permissions be or may be prescribed.
under this Act ;
*(3) Every rule made under this Act
(s) the manner in which a broker shall be laid as soon as may be after it is
or a dealer in tea waste or a made before each House of Parliament
manufacturer shall be licensed while it is in session for a total period of
under this Act and the levy of thirty days which may be comprised in
fees in respect of such licence ; one session or in two successive
sessions, and if, before the expiry of the
(t) the matters which may be session in which it is so laid or the
taken into account in the granting session immediately following both
or issuing of any licence, permit Houses agree in making any
or permission under this Act modification in the rule or both Houses
including in particular the agree that the rule should not be made,
previous consultation with the the rule shall thereafter have effect only
Central Govt. by the Board in in much modified form or be of no
regard to the grant or issue of any effect, as the case may be, so however,
such licences, permits or that any such modification or annulment
permission ; shall be without prejudice to the validity
of anything previously done under that
(u) the conditions which may be rule.
included in any licences, permits
or permission ; 50.Powers of Board to make by laws--
(1) The Board may make by-laws
 37

consistent with this Act and the rules expenditure and the investment
made there under, to provide for— of moneys not so required ;
(a) the dates, times and places of
its meetings and of the meetings (i) the preparation of statements
of the Executive and other showing the sums allotted to
committees and quorum for such Departments of the Central and
meetings, and procedure thereat ; State Governments and other
institutions.
(b) the delegation of powers and
duties to the Executive or any (2) No by-law shall take effect
other Committee, or to its until it has been confirmed by the
Chairman, Vice-Chairman, Central Govt. and published in the
Secretary or any other of its Official Gazette, and the Central Govt.
officers ; in confirming a by-law may make any
(c) the travelling allowances of change therein which appears to be
members and of members of necessary.
Committee ; (3) The Central Govt. may, by
notification in the Official Gazette,
(d) the appointment, promotion cancel any by-law which it has
and dismissal of its officers and confirmed and thereupon by-law shall
other than those appointed by the cease to have effect.
Central Government and the *(4) “Every by-law made under
creation and abolition of their this section shall be laid, as soon as may
posts; be after it is made, before each House of
Parliament, while it is in session, for a
(e) the conditions of service of its total period of thirty days which may be
officers and other employees comprised in one session, or in two or
other than those appointed by the more successive sessions, and if before the
Central Government, including expiry of the session immediately
their pay, leave, leave following the session or the successive
allowances, pensions, gratuities session aforesaid, both Houses agree in
making any modification in the by-law or
compassionate allowances and
both Houses agree that the bylaw should
travelling allowances and the
not be made, only in such modified form
establishment and maintenance or be of no effect, as the case may be ; so,
of a provident fund for them; however, that any such modification or
annulment shall be without prejudice to
(f) the maintenance of its the validity of any thing previously done
accounts ; under that by-law ”.
51. Repeals and savings –
(g) the persons by whom, and the (1) The Indian Tea Control Act,
manner in which payments, 1938 (VII of 1938) and the Central Tea
deposits end investments may be Board Act, 1949 (XIII of 1949) are hereby
made on its behalf ; repealed.

(h) the custody of moneys (2) All moneys and other property
required for its current and all rights and interests of whatever
kind, owned by, vested in, used enjoyed or
 38

possessed by, or held in trust by or for, the there under, all licences, permits, and
Indian Tea Licensing Committee permission issued or granted, all export
constituted under the Indian Tea Control quotas allotted and all fees fixed under the
Act, 1938, and the Central Tea Board provisions or the Indian Tea Control Act,
constituted under the Central Tea Board 1938, shall unless inconsistent with the
Act, 1949, as well as liabilities legally provisions of this Act, be deemed to have
subsisting against the Committee or that been issued, granted allotted or fixed
Board shall pass to the Board with effect under the corresponding provisions of this
from the commencement of this Act. Act and the rules made there under.
(6) Any offence punishable under the
(3) All Officers and other Indian Tea Control Act, 1938 or the
employees of the Indian Tea licensing Central Tea Board Act, 1949, shall be
Committee and the Central Tea Board who punishable and may be dealt with as if it
hold office as such immediately before the were and offence punishable under the
commencement of this Act shall be corresponding provisions of this Act.
deemed to have been appointed as officers
or other employees of the Board with (7) Any other thing or action done
effect from the commencement of this Act or taken before the commencement of this
and , notwithstanding anything contained Act by the Indian Tea Licensing
in any contract of service entered into by Committee or the Central Tea Board shall
any such officer or other employees with so long as it is not inconsistent with any of
the Indian Tea Licensing Committee or the the provisions of this Act, be as valid and
Central Tea Board , shall be entitled to effectual as if it has been done or taken by
such pay and allowances and to such the Board after the commencement of this
conditions of service in respect of other Act.
matters as may be determined by the
Board with the approval of the Central (8) For the removal of doubts, it is
Government. hereby declared the provisions contained
in sub-sections (2) to (7) inclusive shall be
(4) Any proceedings taken by the without prejudice to the general
Indian Tea Licensing Committee or the application of section 6 of the General
Central Tea Board before the Clauses Act, 1897 (X of 1897).
commencement of this Act may be
continued by the Board after such (9) If any difficulty arises in
commencement. giving effect to any of the provisions of
this Act, the Central Govt. may as
(5) Unit action in that behalf is occasion may arise, by order, do anything
otherwise taken under the corresponding which appears to be necessary for the
provisions of this Act or the rules made purpose of removing the difficulty.

* Inserted as per the Gezette of India Notification No. 79 dated 27-12-80.

**Inserted vide Order No. S.O. 394(E) Dated 30th June, 1986 of Govt of India, Ministry of Commerce
* Amendee as per the Tea (Amendment) Act, 1986 published in the extraordinary Gazette
Notification, Ministry of Law & Justice, New Delhi, dt. 14-5-86.
*Inserted as passed by Parliament and published in the Extraordinary Gazette of India Part II Section I on
 39

25-5-70.
*Insurted by the delegated legislation provision (Amendment ) Act, 1985 (Act 4 of 1986) and came into
force w.e.f. 15-5-86 vide Central Govt. Notification No. G.S.R. 764(E) dated 15-5-86.

THE TEA RULES, 1954

ARRANGEMENT OF RULES

RULES :

1. Short title.
2. Definitions.
3. Office of the Board.
4. Constitution of the Board and manner of filling vacancies.
5. Term of Office.
6. Resignation.
7. Removal from the Board.
8. Absence from India.
9. Vice Chairman.
10. Minimum number of meetings of the Board.
11. Power to call meetings.
12. Appointment of Committees.
13. Functions of Committees.
13A. Power of Export Promotion Committees.
14. Absence from meeting of a Committee.
14A. Term of Office of Members of Committee who are Members of the Board.
15. Filling of Vacancies on Executive and Standing Committees.
16. Business by circulation.
17. Record of Business.
18. Restriction of delegation of powers.
19. Appointments.
20. Creation and abolition of Posts.
20A. Grant of Advances for building etc. of houses.
21. Allowances and remunerations.
22. Export of Tea.
23. Application for export quota.
24. Crop basis.
25. Meaning of Crop.
25A. Application for allowance for low producing area.
26. Export quota and crop bisis.
27. Inspectors and assessors to assist in the determination of crop.
28. Licence fees.
 40

29. Copy of accounts of quota to be furnished to tea estates.

30. Planting of tea.
30A. Grant of permission by the Board for planting of tea.
30B. Establishment and Extension of Tea Seed Baris.
31. Permission of plant tea.
32. Forms to be used.
33. Collection of Duty of Customs.
34. Budget Estimates.
35. Accounts of the Board.
36. Power to incur expenditure.
37. Borrowing powers.
38. Contracts
39. Payments from the Tea Funds.
40. Sending persons abroad.

------------------------

THE TEA RULES, 1954*

1. Short Title.-- These rules may be means the year commencing on the first
called the Tea Rules, 1954. day of April.
3. Office of the Board -- The Office of
2. Definition.—In these Rules, unless the Board shall be located at Calcutta.
the context otherwise requires— 4. Constitution of the Board and
(i) “Board” means the Tea Board, Manner of filling vacancies –
constituted under section 4 of the Act. (1) The Board shall consist of a
(ii) “Chairman” means the Chairman of Chairman and the following other
the Board. members who, in the opinion of the
(iii) “Committee” means any Committee Central Govt. are capable of representing
constituted by the Board under section 8 the various categories mentioned in
of the Act. clauses (a) to (h) of sub-section (3) of
**(iiia) “Deputy Chairman” means the Section 4 of the Act :-
Deputy Chairman of the Board. (a) (i) One person representing the
(v) “Member” member a member of the Government of Assam ;
Board. (ii) one person representing the
(vi) “Secretary” means the Secretary of Government of West Bengal ;
the Board. (iii) one person representing the
(vii) “the Act” means the Act, 1953 (29 Tripura Administration ;
of 1953). (iv)one person representing the
***(viia) “Tea estate” means the whole Government of Tamil Nadu ;
of the area of land commonly known as @(v) one person representing the
tea estate which is owned or held under Government of Himachal Pradesh ;
any grant or lease, by any person. (viii) ****(vi) one person representing
“Vice-Chairman” means the Vice the Government of Kerala ;
Chairman of the Board. (ix) “year”
 41

****(b) three persons representing if he ceases to be member of the House

Parliament (two of the Lok Sabha and from which he was appointed ;
one for the Rajya Sabha) ;
++ (c) eight persons representing @ Provided further that a member
owners of tea estates and gardens and appointed to the Board in pursuance of
growers of tea ; clause (a) of sub-rule (1) of rule 4 shall
++ (d) five persons respresenting cease to be a member :-
persons employed on tea estates and (i) if the Govt. which he
gardens ; represents, ceases to be a Govt.
++ (e) two persons representing dealers enumerated in the said clause, or
including both exporters and internal (ii) if appointed by virtue of
traders of tea ; office, ceases to hold such office.
(f) two persons representing Provided further that subject to
manufacturers, who manufacture and the provisions of the preceding
pack tea in containers up to 6 kilograms* provisions, the term of office of any
; member holding office immediately
*(g) two persons representing before the 1st January, 1958 shall be
consumers; three years from the date of his
+++(h) Two persons representing such appointment.
of other persons or class of persons, who
in the opinion of the Central Govt. (2) A person appointed to fill a
ought to be presented on the Board. casual vacancy under sub-rule
(3) or Rule 4 shall hold office so
(2) The Central Govt. may make such long as the member whose place he fills
consultations as may be necessary before would have been entitled to hold office,
appointing members of the Board. if the vacancy had not occurred.

(3) When a member of the Board dies or 6. Resignation -- (1) A member of

resigns or is deemed to have resigned or the Board may resign his office by
is removed from office or becomes writing under his hand addressed to the
incapable of acting, the Central Govt. Chairman.
may by notification in the official (2) A member of Committee may
gazette appoint a person to fill the resign his office by writing under his
vacancy. hand addressed to the Secretary :
*(3) The Office of a member of
5. Term of Office -- +(1) A member of the Board or the Committee shall fall
the Board shall hold office for the such vacant from the date on which his
period not exceeding three years from resignation is accepted or on the expiry
the date of his appointment as may be of thirty days from the date of receipt of
specified by the Central Govt. while intimation of resignation, whichever is
notifying his appointment. earlier.
**(4) The power to accept the
Provided that a Member of Parliament resignation of a member of the Board or
appointed to the Board in pursuance of of a member of a Committee shall vest
@ clause (b) of sub-rule (1) of Rule 4 in the Chairman who, on accepting the
shall cease to be a member of the Board
 42

resignation, shall report that fact to the (2) If any casual vacancy arises on
Board at its next meeting. account of the Vice-Chairman resigning
] his office as such or ceasing to be a
7. Removal from the Board -- The member of the Board or otherwise, the
Central Govt. may remove any member Board shall forth-with elect a member to
from his office – be Vice-Chairman up to the 31st March
(a) if he is unsound mind and immediately following.
stands so declared by a competent court,
or 10. Minimum number of meetings of
(b) if he is an undercharged the Board-- The Board shall hold a
insolvent, or meeting at least once in every quarter.
(c) if he is convicted of a 11. Power to call meetings --(1) The
criminal offence involving moral Central Government may at any time
turpitude, or call a meeting of the Board.
(d) if without leave of the (2) The Chairman may at any time call a
Chairman, he fails to attend more than meeting of the Board and shall do so, if a
three successive meetings of the Board. requisition for a meeting is presented to
8. Absence from India--(1) Before him in writing by at least ten members.
a member of the Board leaves India :
(a) he shall intimate the Secretary 12. Appointment of Committees--**(1)
the date of his departure from and the The Board shall, at the first meeting held
date of his expected return to India, and after the 31st March every three years,
(b) if he intends to be absent appoint the following Standing
from India for a longer period than six Committees namely :
months, he shall tender his resignation. (a) an Executive committee.
(b) two Licensing Committees,
(2) If a member leaves India one for North India and one for South
without observing the provisions of sub- India.
rule (1). he shall be deemed to have (c) an Export Promotion
resigned with effect from the date of his Committee, and
departure from India . (d) a Labour Welfare Committee.
***(e) Development Committee.
*9. Vice-Chairman – and each such Committee shall function
(1) The Board shall, at the last meeting up to 31st March of the third financial
held before the 31st March every year year beginning from the year in which it
elect, from amongst its own members a is appointed.
person to be the Vice-Chairman who
shall hold office from the 1st April of the (2) The Executive Committee
year up to the 31st March of the shall consist of :
following year. Provided that in any year (a) the Chairman who shall be
in which the term of office of all the the ex- officio Chairman thereof ;
members expires on the 31st March, the (b) the Vice-Chairman : and *
Vice- Chairman shall be elected at the (c) seven other members to be
1st meeting held after the 31st March. elected by the members of the Board
from among themselves, in such manner
as may be laid down by the Board.
 43

(3) The Licensing Committee for @(4D) Election of the Board

North India shall consist of ; Members to the various Committee, in
(i) the Chairman who shall be ex- case there is a contest shall be made
officio the Chairman thereof ; and through the usual procedure of several
(ii) six other members to be ballot.
elected by the members of the Board (5)* Nothing in this rule shall
from among themselves, in such manner derogate from the power of the Board to
as may be laid down by the Board. constitute with the previous approval of
the Central Govt. and for such period as
(4) Licensing Committee for may be specified by that Government in
South India shall consist of four each individual case, any other Standing
members to be elected by the members Committee or any ad-hoc Committee for
of the Board from among themselves in any of the purposes mentioned in sub-
such manner as may be laid down the section (3) of section 8 of the Act.
Board. The Committee shall elect a
Chairman from among themselves. **13. Function of committees--
*(4A) The Export Promotion The Executive Committee, the Licensing
Committee shall consist of ; Committees and the Labour Welfare
(i) The Chairman who Committee and *** the Development
shall be the ex-officio Chairman Committee, shall discharged such
thereof ; and functions and exercise such powers, not
(ii) six other members to being those mentioned in Rule 18 as
be elected by the members of the may be delegated to them by the Board.
Board from among themselves,
in such manner as may be laid + Provided that all decisions taken by
down by the Board. the aforesaid committees in the exercise of the
delegated powers shall be placed before the
Board for information within a period of fifteen
(4B)** The Labour Welfare days from the date on which the decision was
Committee shall consist of; taken.
(i) The Chairman who shall be
the ex-officio Chairman thereof ; and 13A. Powers of the Export Promotion
Committee---The Export Promotion
(ii) eight other members to be Committee shall exercise all the
elected by the members of the Board executive and financial powers of the
from among themselves, in such manner Board in respect of matters relating to
as may be laid down by the Board. Tea Promotion subject to the overall
control of the Board.
***(4C) The Development
Committee shall consist of ; +Provided that all decisions taken by the
(a) The Chairman, who shall be aforesaid committees in the exercise of the
delegated powers shall be placed before the
the ex-officio Chairman thereof ; and Board for information within a period of fifteen
(b) six other members to be days from the date on which the decision was
elected by the members of the Board taken.
from among themselves, in such manner
as may be laid down by the Board. 14. Absence from Meetings of a
Committee-- Any member of a
 44

Committee absenting himself from three may be, have recorded their views on the
consecutive meetings without leave of resolution or proposal. Provided further
the Chairman shall be deemed to have that when a resolution or proposal is
vacated his seat on the committee. referred to by circulation of papers , any
five members of the Board or three
*14A. Term of Office of members of members of the Committee, as the case
Committee who are members of may be, may require that the resolution
Board-- A member of the Board who is or proposal be referred to a meeting and
a member of a committee shall on his thereupon such reference shall be made
ceasing to be member of the Board cease to a meeting of the Board or the
to be a member of the Committee. Committee.
(2) When any business is so referred to
** 15. Filling of vacancies on members by circulation, a period of not
Executive and Standing Committees -- less than 14 clear days in the case of
Any vacancy of the Executive Board and 10 clear days in the case of a
Committee or a Standing Committee Committee shall be allowed for receipt
shall be filled by election and the next of replies from members. Such period is
meeting of the Board or the meeting to be reckoned from the date on which
subsequent thereto, and the person so notice of business is issued,
elected shall hold office so long as the (3) If a resolution or proposal is
member whose place he fills would have circulated, the result of the circulation
been entitled to hold office, if the shall be communicated to all the
vacancy had not occurred ; Provided that members.
where a vacancy in the office of member
of the Executive Committee is caused by 17. Record of Business --(1) A record
reason of the election of a member of shall be maintained of all business
that Committee to be Vice- Chairman, transacted by the Board or its
any person elected in such vacancy shall Committees, and copies of such record
hold office only so long as the Vice- shall be submitted to the Central
Chairman continues in office. Government ; Provided that the records
of business of routine nature transacted
16. Business by Circulation --- by the Licensing Committees by
(1) Any Business which the Board or circulation need not be submitted to the
Committee is required to transact may, if Central Government.
the Chairman of the Board or of the (2) The record of business transacted at
Committee so directs, be refereed to by the meetings of the Board and of the
circulation of papers to members, and Committees shall be signed by the
any resolution or proposal so circulated Chairman presiding over such meetings.
and approved by the majority of (3) When business is transacted by
members who have recorded their views circulation of papers, a record of
in writing shall be as effectual and business so transacted shall be signed by
binding as if such resolution or proposal the Chairman of the Board or the
were decided by a majority of votes at a Committee, as the case may be, directing
meeting; Provided that at least ten the circulation.
members of the Board or a majority of
the members of Committee at the case
 45

*18. Restriction on Delegation of may, with the previous sanction of the

Powers -- (1) The Board shall not Central Govt., create other posts.
delegate any administrative power to any
Committee other than the Executive *20A. Grant of advances for building
Committee or the Export Promotion etc. of houses -- An advance for
Committees. building a new house (including
*(2) The Board shall not delegate any of purchase of land for the purpose) or for
the following powers to any of the the purchase of a ready - built house or
standing committee : for enlarging leaving accommodation of
(a) the power to sanction an existing house own by an officer of
expenditure in excess of Rs. the Board appointed by the Central
2,00,000/- in respect of any one Govt. may be granted to such officer at
item ; such rates and conditions as may be
(b) the power to adopt the Budget admissible to officers holding
Estimates of the Board on its comparable posts under the Central
behalf ; Government in accordance with the
(c) the power to sanction Rules of the Central Government for the
expenditure to be incurred time being in force. The Grant of
outside India in excess of ** Rs. absence is subject to the availability of
50,000/- in respect of any one funds under the head ‘Advances
item ; recoverable bearing interest’. The Board,
(d) to power to re-appropriate the the Executive Committee and the
estimated savings in excess of Chairman shall have power to grant
Rs. 5,000/- in respect of any one advances up to the amounts specified
item ; below :-
(e) the power to write of losses in Board .... Up to the maximum
excess of Rs. 2500/- in respect of limits of such amounts of advance as are
any one item. admissible to Central Government
servants under or orders issued from
19. Appointments -- Save as provided time to time.
for in section 9 of the Act, appointments
to posts of officers and employees under Executive Committee ..........Up
the Board shall be made by the Board ; + to Rs. 25,000.00
* provided that no appointment to any
post of which the maximum salary Chairman .................... Up to
exceeds Rs. 1700/- per month shall be Rs. 20,000.00
made without the previous sanction of
the Central Government. 21. Allowances and remuneration --
Save with the previous sanction of the
20. Creation and abolition of Posts-- Central Govt. no remuneration other
@ The Board may, on its own authority than travelling allowance and halting
and subject to the availability of funds in allowance shall be paid to any member
the approved Budget of the Board, create of the Board on account of his service as
posts carrying a maximum salary not such.
exceeding Rs. 1700/- per month and
 46

22. Export of Tea-- Any tea estate or assessed crop of the estate for that year
sub-division of a tea estate shall, on may be taken as its crop basis.
application made in this behalf in
accordance with Rule 23 to the Board **Explanation - In this sub-rule and in
for allotment of an export quota, have rule 25A, the expression “low producing
the right to receive and export quota : area” means a tea estate or sub-division
of a tea estate having and actual crop
Provided that no tea estate or a basis, as determined with reference to
sub-division of a tea estate, the area planted therein with tea on the
which ceased production for first day of the financial year
three or more consecutive immediately preceding the financial year
seasons since the commencement to which any application by the owner of
of the Act, shall be eligible to get such estate or sub-division under rule 23
an export quota in the financial relates, of less than + 510 kilograms per
year following such three or hectare
more consecutive seasons, unless (2) When the area of a tea estate
it has resumed production during or a sub-division of a tea estate is
to seasons, corresponding to the reduced or increased by the transfer to or
financial year. acquisition from another tea estate of
land planted with tea, the crop basis of
23. Application for export quota -- (1) the estate or sub-division of the tea
Application for export quota for any estate shall be reduced or increased by
financial year shall be made in such an amount representing as nearly as
form, as may be specified by the Board, possible the contribution made by the
and shall reach the Board not later than area transferred or acquire to the crop
the 1st day of February of the preceding basis of the estate of which it previously
financial year. formed a part.
(3) Where a tea estate for which
(2) An export quota shall not be granted, a crop basis has been determined
without the previous sanction of the becomes two or more separate estates,
Central Government, if the application in the crop of each such separate estate
respect thereof is not received by the shall be determined so as to represent as
Board on/or before the date specified nearly as possible the contribution made
above. by the area comprised in it to the total
crop basis of the original estate.
24. Crop basis -- (1) The crop basis of a
tea estate or a sub-division of a tea estate 25. Meaning of crop --(1) Crop in the
for any financial year shall be the best preceding rule shall after the
crop * ( in any of the four calendar years commencement of the Act, be construed
preceding the financial year) due as meaning the yield or production of
allowance being made for low producing manufactured tea i.e. tea either black or
areas **( as provided in rule 25A). green produced in the usual manner for
sale in the market and as shown in the
Provided when a tea estate in production return in form R.T.3, submitted to the
has no crop basis under this rule, the Central Excise authorities under the
Central Excise Rules, 1944. Provided that
in the absence of returns in form R.T.3,
 47

the Board may determine the crop of a tea by the amount determined under the
estate or subdivision of a tea estate in such proviso to sub-rule (2).
manner as it thinks best.
26. Export quota and crop basis
(2) Where tea is not manufactured by tea ---Export quota of a tea estate or sub-
estate concerned or where evidence of the division of tea estate that is, the total
amount manufactured is not available, the quantity of tea which may be exported by
production shall be assumed to be by the owner of the tea estate or sub-division
weight one fourth of the weight of green in any financial year shall be an amount
tea leaf produced. bearing to the crop basis of that estate the
same proportion as the export allotment in
25A. Application for allowance for low the financial year in question bears to the
producing area --(1) An application for total of the crop basis of all the tea estates
making in the calculation of the crop basis and sub-division of tea estates in India for
allowance on account of the area being a that year and when the export allotment is
low producing area may be made to the altered under proviso to section 19 of the
Board along with the application for Act, the export quota shall be deemed to
export quota under rule 23. the altered accordingly. Provided that
(2) No such application shall be when an export quota of a tea estate or a
granted unless the application proves to sub-division of a tea estate has been
the satisfaction of Licensing Committee reduced in consequence of an alterations
that had such allowance been granted in during the financial year of the export
the previous year, the crop of the low allotment any tea exported by the owner of
producing area to which the application a tea estate or sub-division of a tea estate
relates would nevertheless have not been in accordance with the export quota, as
less than the amount of the enhanced subsisting for the time, being, which is in
export quota which be admissible to it by excess of the amount permitted to be
reason of the grant of the allowance. exported in accordance with the export
quota as finally revised for the year, shall
Provided that the Licensing be excluded from the computation of the
Committee may reduce the allowance to total quantity of tea which may be
be granted under this rule by an amount exported by that owner during the
equal to the amount by which the crop of financial year.
such low producing area appears to be 27. Inspectors and assessors to
likely to fall below such enhanced export assist in the determination of crop basis
quota in consequence of the grant of the -- The Board may appoint Inspectors or
allowance. Assessors for the purpose of assisting in
the determination of the crop basis, and in
(3) If such application is granted, the discharge of its other duties. The
the amount specified in column 2 of Board may pay to them such fees as it may
Sechedule-1 against the entry in column-1 decide as well as actual travelling
of that Schedule corresponding to such expenses.
crop basis shall be added to the actual ** 28. Licence fees-- The Board
per hectare crop basis of the low shall charged and collect the Licence fee
producing area to which the application for every export licence, special export
relates. licence, or permit issued by it at the rate
Provided that the Licensing of *Rupees two and twenty paise per
Committee may reduce the amount of metric tone, or part thereof. Provided
allowance admissible under this sub-rule
 48

that the owner of a tea estate or a sub- person to plant tea on land not planted
division of a tea estate to which a quota with tea :
has been allotted under section 20 of the (i) Where such person is
Act may make, or the Board may the owner, grantee or lessee of an
required him to make, a consolidate existing tea estate and where the
payment of export licence fees at the rate permission applied for is in
fixed under the rules to cover the whole respect of land forming part of
of the quota. that tea estate, for the whole of
29. Copy of accounts of quota the are with respect to which
to be furnished to tea estates--A copy such permission is applied for or
of the accounts of export quotas part thereof, as the Board may
maintained by the Board under sub- think fit, provided that such
section (1) of section 23 of the Act shall person furnishes to the
be furnished, on application, to the satisfaction of the Board such
owner of a tea estate or sub-division of a particulars as may be required by
tea estate who shall be required to pay it ;
fee Re. 1 in respect of each copy (ii) Where the permission
required. applied for is in respect of land
*30. Planting of tea -- (1) Any not forming part of an existing
person desirous of planting tea on land tea estate, for the whole of the
not planted with tea shall apply to the area with respect to which such
Board in writing within such date as may permission is applied for or part
from time to time the notified by the thereof as the Board may think
Board in this behalf and shall furnish fit, provided that such person
such survey maps and other particulars proves of the satisfaction of the
as may be required. Board that :

(2) Subject to the limitations set (a) he owns or holds, under a

out in section 13 of the Act, the Board grant or lease, the land in respect of
may grant or refuse the permission which such permission is applied for ;
applied for or may grant it in part only or
may call for further information from the (b) he is able to finance the
application. undertaking including erection of a
factory, where necessary;
*30A. Grant of permission by
the Board--(1) The Board may inspect (c) the land in respect of which
or cause to be inspected any land in such permission is applied for is suitable
respect of which an application for for tea plantation as regards the nature of
permission to plant tea has been made the soil and climatic conditions ; and
and the records relating thereto for the
purpose of satisfying itself as to the (d) the are of the land in respect
accuracy of any survey map and of which such permission is applied for
generally for the purpose of enabling it is not too small for economic plantation.
to dispose of the application.
+(2) The Board may grant (3) | (3A) | * Omitted
permission upon application to any
 49

(4) Every permit to plant tea shall Explanation -- In this rule, “tea
specify the area of land in respect of which seed bari” means an area planted with the
it has been granted and shall be in force plant Camellia Sinoensis (L) O Kuntze
for such period as may be specified by the for the sole purpose of growing seeds used
Board in the permit. for propagating the plant and not used for
Provided that any permit issued any other purpose, save with permission of
under these rules may be renewed from the Board.
time to time as the Boars thinks fit:
Provided further that **31. Permission to plant tea --
notwithstanding anything contained in (1)Any person being the owner, grantee or
sub-rule (2) the Board may, if it thinks fit, leases of a tea estate, desirous of replacing
cancel any permit issued to tea estate, or tea areas by planting tea on areas not
any part of such permit remaining planted with tea, shall apply of the Board
unutilised after a period of not less than in writing for permission to do so and
three years from the date of issue. shall furnish, to the satisfaction of the
Board, such particulars as may be required
(5) No permit granted by the by it. (2) The Board may, in its discretion,
Board shall be transferable ; grant such permission and prescribe such
Provided that a permit granted to a time-limit, not exceeding ten years, in
tea estate may, with the previous regard to uprooting of bushes from areas
permission of the Board be transferred to replaced, as it deems appropriate.
another tea estates if both the estate are
held under the same ownership. 32. Form to be used -- The forms
set out in +[Schedule II] shall be used for
(6) The owner of a tea estate to the purpose of provisions of the Act,
which permit is issued shall submit to the referred to in each form. The Board may
Tea Board on the 31st March of the each either generality or in any particular case
year, a return showing the area planted require such additions as it may consider
upto that date in pursuance of the permit necessary to be made to any such form.
the reasons for non-utilisation of any area
that may not have been planted and the @@ 33. Omitted.
programme for planting tea for the next
two years. 34. Budget Estimates : ***(1)
The Board shall in each year prepare
(7) The Indian Tea Licensing Budget estimates for the ensuing year and
Committee (Tea new planting) Rules, revised estimates for the current year and
1951 are hereby repealed but such repeal shall submit them for the sanction of the
shall not effect the validity of any permit Central Govt. on or before such dates as
issued or any action taken under those may be fixed by the Govt.. The revised
rules. budget when sanctioned shall supersede
@30B. Establishment and the original budget and shall be deemed
extension of tea seed Baris-- to be sanctioned budget for the year.
Notwithstanding anything contained in (2) No expenditure shall be
Rules 30 and 30A, any person desirous of incurred until the budget is sanctioned
establishment or extending tea seed baris by the Central Govt. and the expenditure
shall apply separately to the Board in has received the sanctioned of the
writing and the Board may grant or refuse
competent authorities.
the permission applied for or may grant it
in part only, as it may think fit.
 50

(3) The Budget shall be in such 35. Account of the Board-- (1)
form as the Central Govt. may direct and The Board shall maintain accounts of all
shall include a statement of receipt and expenditure relating to each
(a) the estimated opening year.
balance; (2) +(a)The audited accounts
(b) the estimated receipts and annual report duly adopted by the
by way of grant from the Central Board shall be submitted to the
Govt. under section 26 of the Act Government within a period of six
and from other sources; months from the date of close of the
**(c) The proposed financial year to which the accounts and
expenditure classified under the report pertain. (b) In case any delay is
following heads or such other anticipated in finalisation of the
heads as the Central Govt. may Accounts Report, the Board may
direct. approach the Government at least a
(i) Administration including month in advance for extension of time
library, not exceeding three months.
(ii) Tea Promotion in India, (3) An abstract of receipts shall
(iii) Advances to employees , be published in the Gazette of India.
(iv) Pension,
( v) Works, (4) The accounts of receipts shall
(vi) Tea Promotion outside India, be shown under the following heads.
(vii) Labour Welfare, (a) moneys received under
(viii) Research Grants, Section 26 of the Act ;
(ix) Developments (grants), (b) fees realised on account of
(x) Others, licenses, permits etc. issued ;
(c) any other moneys received by
**(4) The proposed expenditure the Board ;
under the heads ‘administrative (d) interest received from
expenses’, ‘tea promotion in India’ and investment of such moneys as aforesaid.
tea promotion outside India and such
other heads as the Central Govt. may (5) The total receipts only shall
direct shall be further classified under be shown under each of the heads
the following sub-heads, namely . specified in sub-rule (4) and the opening
(i) Pay of Officers, balance if any, shall also be stated.
(ii) Pay of Establishment, (6) expenditure incurred in the
(iii) Allowances, Honoraria etc., year shall be shown under separate heads
(iv)Other charges, Contingencies, and sub-heads.
etc. (7) The closing balance of the
year shall be shown at the foot of the
(5) Supplementary estimates of accounts on the expenditure side :
expenditure shall be submitted for the Provided an annual proforma
sanction of the Central Government in account on accrual basis shall also be
such from and on such dates as may prepared for bringing out assets and
directed by them. liabilities as well as the details of
reserves and investments.
@**36. Power to incur
expenditure--(1) “Subject to the
 51

provisions of the Act and these rules, the has ceased or arisen unexpectedly while
Board may incur any expenditure within implementing them if the overall budget
the budget allotment under any head and provisions has been approved to and the
write off losses up to Rs. 5,000/- in transferee and the transferor schemes are
respect of any one item and in this both in the approved budget”.
regard may delegate to the Standing
Committees or to the Chairman, @ 37. Borrowing Powers-- The
Deputy Chairman, * Secretary or any Board may with the previous sanction of
other officer of the Board specially the Central Govt. borrow on the security
authorised in this behalf by the of the Tea Fund or any other of its assets
Chairman, such financial powers as it for meeting its expenses or for any other
may consider expedient; purpose refereed to in Section 10 of the
Provided that, save with the Act. Provided that no loan shall be taken
sanction of the Central Govt. no which is repayable later six months from
expenditure shall be incurred which is in the date of the loan.
excess of the sanction budget allotment ***38. Contracts --(1) The
under any head”. Board may enter into contracts provided
that every contract which extends over a
(2) “Re appropriations between period of more than five years or
the heads of expenditure specified in involves expenditure in excess of Rs.
sub-clauses (i), (ii), (viii) and (ix) of 3,00,000 shall require the previous
clause (c) of sub-rule (3) of rule 34 and sanction of the Central Govt. and every
between sub-heads within a head may be such sanction shall be subject to the
made by the Board. In respect of the condition that the power to execute such
reappropriations between sub-heads contracts in pursuance of the sanction
within the same head, the Board may, shall be vested with the Board.
subject to clause (d) of sub-rule (2) of (2) The Board may delegate to
rule 18, delegate its power to the the Executive Committee, Chairman or
Standing Committee within whose area Secretary such power for entering into
the related function falls”. contracts on its behalf as it may think fit.
(3) Contracts shall not be binding
(3) “The Board shall not incur on the Board unless they are executed by
expenditure outside India in excess of the Chairman or Vice-Chairman and by
Rs. 1,00,000/- on any one item without the Secretary with the previous approval
the previous sanction of the Central of the appropriate authority concerned
Govt. and may subject to clause (c) of and the common seal of the Board is
sub-rule (2) of rule 18 delegate its power affixed thereto.
in this behalf to the Export Promotion (4) Neither the Chairman nor
Committee”. Secretary nor any member of the Board
shall be liable for any assurances or
(4) “The Board may transfer contracts made by the Board but any
funds, up to a limit of Rs. 25,000/- from liability arising under such assurances
one sanctioned development scheme to contracts shall be discharged from the
another in contingencies where may moneys at the disposal of the Board.
particular scheme cannot be
implemented in full or where the need
 52

*39. Payments from the Tea Provided further that the terms
Funds -- (1) All payments made by the and conditions of deputation of such
Central Govt. to the Board under Section officials shall conform to the terms and
26 of the Act out of the proceeds of the conditions laid down form time to time
cess levied under sub-section by the Govt. of India for deputations
(1) of the section 23 of the Act abroad.
shall be debited to the Major Head 43
Industries and Supplies. ***Provided also, that in cases
(2) Payments by or on behalf of where the Board has to depute its
the Board shall be made in cash or by officers to participate in exhibitions and
cheque drawn against a current account fairs abroad, it shall be competent for the
of the Board. Board to depute the officers if :-
(a) the exhibition or fair in which
**40. Sending persons abroad - participation is sought has already been
- The Board shall not send any member approved by the Central Govt.;
of the Board or any of its officers to (b) the budget provision exists
places outside India without the previous for incurring expenditure thereto ; and
sanction of the Central Govt., Provided (c) the Board makes every year a
that no such sanction shall be necessary consolidated list of exhibitions and fairs
for the appointment of officials to the in which it would like to participate for
sanctioned posts in foreign countries for tea promotion and also be number of
which the Board or the Chairman is the persons to be deputed from the
competent authority to make such headquarters and gets the prior approval
appointment. of the Central Government for the
programme
.

*Issued as per Government of India, Ministry of Commerce & Industry Notification No. SRO 1026
dt. the 25-3-54.
** Inserted as per Notification of Govt. of India in the Ministry of Commerce G.S.R. 674 dt. 25-4-79.
*** Inserted as per Notification of Govt. of India in the Ministry of Commerce G.S.R. 639 dt. 22-4 65.
@ Inserted as per Notification of Govt. of India in the Ministry of Commerce G.S.R. No. 1394 dt. 9-9-
67.
**** Amended as per Notification of Govt. of India in the Ministry of Commerce & Industry No.
S.R.O. 1686 dt. 25-5-57.
++ Substituted as per Notification of Govt. of India in the Ministry of Commerce No. G.S.R. 154 (E)[
12012(1) / 74 Plant (A)] dated 20-3-75.
* Substituted as per Notification of Govt. of India in the Ministry of Commerce & Industry
No.G.S.R.433dt. 25-3-61.
+++ Inserted as per Notification of Govt. of India in the Ministry of Commerce No. G.S.R.........dt.24-
6-77.
+ Inserted as per Notification of Govt. of India in the Ministry of Commerce & Industry No. S.R.G.
153 dt. 11-1-58.
@ Inserted as per Notification of Govt. of India in the Ministry of Commerce No. G.S.R.1394 dt.9-9-
67.
* Amended as per Notification of Govt. of India in the Ministry of Commerce & Industry No.
S.R.O.1476 dt.30-6-56.
** Inserted as per Notification of Govt. of India in the Ministry of Commerce & Industry No.
G.S.R.........8(3) Plant (A)/58 dt. 24-6-58.
 53

Inserted as per Notification of Government of India in the Ministry of Commerce and Industry
No.G.S.R. 7138(9) Plant (A)/59 dated 15-6-60. ** Amended as per Notification of Govt. of India
Ministry of Commerce & Industry No. S.R.O. 153 dated 11-1-58 read with Notification No. G.S.R.
452 dated 23-3-61 and G.S.R.No.207 dated 8-2-62.
*** substituted as per Notification of Government of India in the Ministry of Commerce(G.S.R.
No.1162) dt. 21-7-76.
*Inserted as per Notification of Govt.of India in the Ministry of Commerce and Industry G.S.R. No.
452 dt.23-3-61.
**Inserted as per Notification of Govt. of India in the Min. of Commmerce and Industry
G.S.R.No.207 dt. 8-2-62.
*** Substituted as per Notification of Govt. of India in the Min. of Commerce (G.S.R.No.1162) dt. 21-
7-76.
@Inserted as per Notification of Govt.of India in the Min. of Com. G.S.R.No.1081 dt. 4-12-86.
*Amended as per Notification of Govt. of India in the Ministry of Commerce & Industry No. S.R.O.
2974 dt. 21-9-57, read with G.S.R. 207 dated 8-2-62.
+Inserted vide Govt of India, Ministry of Commerce Notification No. S.O. 382(E) dated 30th May,
1991
**Inserted as per Notification of Govt. of India in the Min. of Commmerce and Industry No.GSR 749
dt. 18-8-59
*** Substituted as per Notification of Govt. of India in the Min. of Commerce (G.S.R.No.1162) dt. 21-
7-76.
*Inserted as per Notification of the Govt. of India in the Ministry of Commerce and Industry
No.GSR. 749 dt.18-8-59.
** Inserted as per Notification of Govt. of India in the Ministry of Commerce and Industry No.GSR
518 dt.7-5-60.
+Inserted vide Govt of India, Ministry of Commerce Notification No. S.O. 382(E) dated 30th May,
1991.
* Substituted as per Notification of Ministry of Commerce Civil Supply and Co-operation GSR. 674
dt. 25-4-79.
** Amended as per the Notification, of Govt. of India in the Ministry of Commerce & Industry No. SRO.
3630 dt. 16-11-57.
+* Amended as per Notification of Govt. of India Ministry of International Trade No. GSR.
1636/8(10) Plant(A)/62 dt. 27/28-9-53 & GSR. No. 799 dt. 23-4-68.
@ Inserted as per Notification of the Govt. of India in the Ministry of Commerce No.GSR. 799 dt. 23-
4- 68.
* Inserted as per Notification of Govt. of India in the Ministry of Commerce and Industry SRO. dt
30- 7-57 read with No. GSR. 799 dt. 4-9-58 and GSR. 253 dt. 10-2-65.
*Substituted as per Notification of Govt. of India in the Ministry of Commerce and Industry No. SRO 746
dt. 23-3-56.
**Inserted as per Notification of Govt. of India in the Ministry of Commerce and Industry No. SRO. 229
dt. 19-1-55.
+ Substituted as per Notification of Govt. of India in the Ministry of Commerce and Industry No. GRS
453 dt. 25-3-61.
* Inserted as per Notification of the Govt. of India, Ministry of Commerce and Industry No. SRO 229
dt. 19-1-55.
**Substitute as per Notification of the Govt. of India, Ministry of Commerce and Industry No. GSR 453
dt. 25-3-61.
* Substituted as Notification of Govt. of India in the Ministry of Commerce & Industry No.SRO.
2791
dt.24-11-56. read with SRO. 301 dt. 25-1-58. GSR.453 dt. 25-3-61 GSR.1027 dt.7-8-61. and GSR.
1558 dt. 15-11-62.
+ Substituted as per Notification of Govt. of India in the Ministry of Commerce No.GSR.639 dt. 22-4-
65.
* Omitted as per Notification of the Govt. of India in the Ministry of Commerce No. G.S.R. 639 dt.
22-4- 1965.
@ Inserted as per Notification of the Govt. of India in the Ministry of Commerce & Industry No. GSR.
353dt. 20-3-59.
 54

** Substituted as per Notification of the Govt. of India in the Ministry of Commerce No. GSR. 639
dt. 22-4-65 read with GSR. 8(1) Plant (A)/60 dt. 27-10-60.
@@ Omitted as per Notification of the Govt. of India in the Ministry of Commerce GSR. No. 1081
dt. 4- 12-86.
+ Inserted as per Notification of the Govt. of India in the Ministry of Commerce & Industry No. SRO. 229
dt. 19-1-55
** Substituted as per Notification of the Govt. of India in the Ministry of International Trade No.
GSR. 1936-8(4) Plant (A)/63 dt. 12-12-63 and GSR.799 dt. 23-4-68.
** Substituted as per Modification of Govt. of India Ministry of International Trade No.GSR 1936-
8(4) Plant(A)/63 dt. 12-12-63 and GSR. 799 dt. 23-4-68.
+ Inserted vide Govt of India, Ministry of Commerce, Notification No. G.S.R.301(E) Dated 20th May,
1995
** Substituted as per Notification of Govt. of India Ministry of Commerce Civil supply and
Cooperation GSR. 674 dt. 25-4-79.
@ Amended as per Notification in the Ministry of Commerce No. GSR.-799 dt. 23-4-1968.
* Substituted as per Notification of Govt. of India Ministry of Commerce & Industry No. SRO. 1262
of 17-1-54 and GSR. 799 dt. 23-4-68.
*** Substituted as per Notification of Govt. of India Ministry of Commerce Civil supply and
Cooperation No. GSR. 674 dt. 25-4-79.

* Amended as per Notification of Govt. of India in the Ministry of Commerce & Industry No.SRO.
1477 dt. 30-6-56.
** Amended as per Notification of Govt. of India Ministry of Commerce GSR. (F No.C-1201(1)--
71/Plant(A) dt. 27-3-1973.
*** Inserted Amended as per Notification of Govt. of India Ministry of Commerce Civil Supply and
Cooperation No.GSR. 674 dt. 25-4-79.

THE TEA BOARD BY-LAWS, 1955 ARRANGEMENT OF BY-LAWS

By-Laws 11. Chairman of Meetings.

12. Casting of votes.
1. Short title. 13. Proceedings of meetings.
2. Definitions. 14. Members of the Board Committees
etc. Travelling and daily allowances for
POWERS AND DUTIES OF journeys undertaken inside India.
COMMITTEES 15. Conveyance Allowance.
16. Travelling and daily allowances etc.
3. Executive Committee. for journey undertaken outside India.
3A. Export Promotion Committee. 17. Controlling Officer.
3B. Labour Welfare Committee.
4. Licensing Committees. OFFICERS AND EMPLOYEES OF
THE BOARD
MEETINGS OF THE BOARD AND
COMMITTEES 18. Creation of and appointment to
posts.
5. Executive Committee. @@18A. Deputation of Tea Board
6. Licensing Committees. employees.
7. Power to call meetings. @ 18B. Permanent transfer of services
8. Notice. of certain employees of the Board.
9. Agenda. 19. Age.
10. Quorum. 20. Medical certificate of fitness.
 55

21. Period of Probation. 42. Mode of payment.

22. Allowances. 43. Responsibility for custody of
23. Leave and leave allowances. Board’s property.
24. Medical attendance and treatment. 44. Payment to be made against bills and
25. Grant of advances for the purchase supported by vouchers.
of motor car, motor cycle and bicycle. 45. Power to sign cheques.
26. Grant of advances for building etc. 46. Imprests.
of houses.
*26A. Grant of other advances. POWERRS REGARDING FINANCIAL
27. Travelling and daily allowances. MATTERS
28. Controlling Officers.
29. Daily allowance for more than 10 47. Power to sanction expenditure for
days. Board’s work or activities inside India.
30. Retirement. 48. Power to sanction expenditure for
30A. Pension-cum-Gratuity Scheme. Board’s work or activities outside India.
31. Penalty. 49. Power to re-appropriate estimated
**31A.Procedure for departmental savings within a head of expenditure.
proceedings. 50. Power to enter into contracts.
32. Appeal. 51. Power to Institute suits, proceedings
33. Government Servants. etc.
34. (1) Secretary. (2) Finance Officer. 52. Power to write of losses.
35. Controller of Licensing and Joint
Controller of Licensing. MISCELLANEOUS
36. Inspection of books of Licensing
Committees. 53. Common seals and affixing of the
same to contracts.
DEPOSITS, PAYMENTS AND 54. Delegation of power to call for
INVESTMENTS returns.

37. Current account of the Board. @@ Inserted as per Notification of the

Government of India in the Ministry of
38. Field Tea Promotion Accounts.
International Trade No.GSR.630 dt.9-4-1964.
38A. Tea Board Zonal / Regional Office @ Inserted as per Notification of the
(disbursement of salaries, allowances, Government of India in the Ministry of
personal claims) A/c. Commerce No. GSR.329 dt. 30-1-65. *
39.Operation of Field Tea Promotion Inserted as per Government of India in the
Ministry of Commerce No. GSR.407 dt.25-2-
Accounts.
63 read with G.S.R.1581 dt. 4-10-66. **
40. Tea Board (Joint Controller) Inserted as per Notification of the
Account at Cochin. Government of India in the Ministry of
41. Operation of Tea Board (Joint Commerce No.GSR.1711 dt.22-11-65.
Controller) account.

-----------------------
THE TEA BOARD BY-LAWS, 1955*

(1) These by-laws may be called the DEFINITIONS :

Tea Board By-laws, 1955. **2. In these by-laws, unless the
context otherwise requires :-
 56

(i) “the Act” means the Tea (ix) “Executive Committee”

Act, 1953 (29 of 1953) ; means the Executive
(ii) “Board” means the Tea Committee constituted under
Board constituted under section 8 read with rule 12 of
section 4 ; the rules ;
(iii) “Chairman” means (x) “Export Promotion
Chairman of the Board ; Committee” means the
(iv) “Committee” means any Export Promotion
committee constituted by the Board Committee constituted under
under section 8 read with rule 12 of section 8 read with rule 12 of
the rules ; the rules ;
(v) “Controller of Licensing” (xi) “Labour Welfare
means the principal Committee” means the
Executive Officer attached to Labour Welfare Committee
the Licensing Committee for constituted under section 8
North India and “Joint read with rule 12 of the rules
Controller of Licensing” ;
means the Principal (xii) “Rules” means the Tea
Executive Officer attached to Rules, 1954, framed under
the Licensing Committee for section 49 of the Act ;
South India, the Licensing (xiii) “Secretary” means the
Committees being Secretary to the Board ;
constituted under section 8 (xiv) “Section” means a section of
read with rule 12 of the rules the Act; and
; (xv) “Vice-Chairman” means the
(vi) “Deputy Chairman” means Vice-Chairman of the Board.
an officer of the Board,
appointed by the Central POWERS AND DUTIES OF
Govt. as the Deputy COMMITTEES :
Chairman of the Board ;
(vii) “Director of Tea Promotion” ***3. Executive Committee--The
means an officer of the Executive Committee shall
Board, appointed by the discharge its functions subject to
Central Government as the direction and control of the Board.
Director of Tea Promotion of @3A. Export Promotion
the Board Committee-- The Export Promotion
(viii) @ “Directorate of Tea Committee shall formulate and
Promotion” means that execute policies relating to tea
Branch of the Board’s staff promotion within India and abroad,
which deals with matters subject to overall control of the
relating to tea promotion and Board.
is directly under the
administrative control of the @ 3B. Labour Welfare Committee
Director under the - The Labour Welfare Committee
administrative control of the shall –
Tea Promotion ; (i) formulate overall
programme of labour welfare
 57

in terms of clause (1) of sub- (1) The Licensing

section (2) of section 10 of Committee for North India
the Act, ensuring that the and the Licensing
funds available are utilised Committee for South India,
for urgent needs not covered shall, subject to any orders
by the statutory obligation of or directions given from
tea garden owners ; time to time by the Board
(ii) examine and recommend or the Executive
labour welfare schemes of Committee, perform the
the Executive Committee functions of the Board
and / or the Board in this pertaining to Chapter III
connection, specially to and IV of the Act in-so for
consider whether the scheme as such functions relate to
would create enthusiasm and tea estates in North India
incentive among workers ; and South India,
(iii) frame guiding principles for respectively.
the grant of financial
assistance like educational (2) All matters involving
stipends, grants to hospitals questions of important
and schools, grants for principles and policies shall
encouraging sports and be referred by the
scouting ; Licensing Committee for
(iv) frame guiding principles for South India to the
any other welfare activity of Chairman who may, if
the Board ; and necessary, consult the
(v) ensure that funds sanctioned Licensing Committee for
for particular labour welfare North India and issue such
schemes are properly directions as he may deem
utilised. necessary. The Chairman
may, if he thinks fit, call
***3C. THE DEVELOPMENT joint meeting of the
COMMITTEE – The Development Licensing Committees
Committee shall – before issuing any such
(i) explore the possibility of direction.
extension ;
(ii) work out and effect MEETINGS OF THE BOARD AND
modifications from time to COMMITTEES
time on the development
*5. The Executive Committee shall
schemes that can be
hold at less six meetings in a year,
implemented for the purpose
the interval between any two
of extension of tea
consecutive meetings not exceeding
cultivation and for tea
three months.
promotion.
*6. [ Omitted]
4. Licensing Committees—
7. Power to Call Meetings—
 58

@ (1) The Chairman may Committees, as the case may be :

whenever he thinks fit and Provided that a meeting of the
shall on request in writing Board or any of the Committees or a
signed by a majority of the joint meeting of the Licensing
members of the Executive Committees for North India and
Committee, Export South India may be held at a shorter
Promotion Committee, notice, with the consent of at least
Labour Welfare half the members of the Board or of
Committee, the Licensing the Committees, as the case may be
Committee for North India : Provided further that in case of any
and any other Committees business of urgent nature which the
call a meeting of the Board or any of the Committees is
Committees concerned. required to transact immediately, the
Chairman may convene a meeting of
(2) The Chairman of the the Board or of any Committee or a
South India Licensing joint meeting of the Licensing
Committee may whenever Committees for North India and
he thinks fit and shall on South India, at such, shorter notice
request in writing signed by as he may deem necessary.
a majority of members of
the Committee call a 9. Agenda-- An Agenda containing
meeting of that Committee. the subject to be discussed at a
meeting of the Board or of the
(3) The Chairman may Committees for North India and
whenever he thinks fit and South India, shall be sent to the
shall on request in writing members of the Board or of the
signed by a majority of Committees, as the case may be, at
members of the Licensing least :
Committee for North India (i) 14 clear days before the date
and South India call joint of the meeting of the Board ; and
meetings of both the
Committees for (ii) 5 clear days before the date
consideration of such of the meetings of any
matters as are of common Committee or of the joint
interest of tea estates in meeting of the Licensing
North India and South Committees for North India and
India. South India :

8. Notice -- At last 21 clear days Provided that any subject of an

notice of a meeting of the Board and urgent nature which is not on the
7 clear days notice in the case of agenda may be discussed at any
meetings of any of the Committees meeting of the Board or of the
and joint meetings of the Licensing Committees or a joint meeting of the
Committees for North India and Licensing Committees for North
South India, shall be given to the India and South India with the
members of the Board and of the
 59

consent of the Chairman or the amongst themselves to preside at the

member presiding over the meeting. meeting.

10. +Quorum -- No business shall be 12. Casting of Votes-- (1) All

transacted at any meeting of the questions which may come up for
Board or of the or of the Committees decision before a meeting of the
or at any joint meeting of the Board or of any Committee shall be
Licensing Committees unless at least determined by a majority of votes of
one third of the total membership of the members present and voting at
the Board or a Committee thereof; as such meeting and in the prevent of
the case may be, are present at such an equality of votes on any question,
meeting. the Chairman or the person presiding
at such meeting shall have a second
*11. Chairman of Meetings -- The or casting votes.
Officer who shall preside at a
meeting of the (2) All votes shall be taken by show
Board, or a Committee shall be as or hands unless the Chairman or the
follows, namely :-- person presiding at a meeting
(i) All meetings of the Board and of decides that the votes shall be taken
Committees of which Chairman is a by ballot.
member, shall be presided over the
Chairman. 13. Proceedings of Meetings-- The
records of proceedings of meetings
@(ii) In the absence of Chairman, all of the Board or any Committee shall
meetings of the Board and subject to the general superintendent
Committees, of which, Chairman is a and control of the Secretary in
member, shall be presided over by respect of all meetings other than the
the Vice-Chairman. meetings of the Board and the
Executive Committee, be kept by the
(iii) Meetings of all Committees of officers of the Board noted below
which Vice-Chairman is member, against each :--
but Chairman is not, shall be (i) Meetings of the } Board and
presided over by Vice- Chairman. Executive } Secretary Committee. }

(iv) Meetings of all Committees of *(ii) Meeting of the Licen- } sing

which neither Chairman nor Vice- Committee for } North India and
Chairman is a member, shall be joint } meeting of the Licen- }
presided over by the person to be Controller of sing Committees for }
determined by the Board to do so. Licensing North India and South }
India. }
(v) Whenever the person who
should preside over a meeting of the (iii) Meetings of the Licen- } Joint
Board or any of its Committee in Controller sing Committee for } of
terms of clause (i), (ii), (iii), and Licensing. South India. }

(iv) is absent, the members present at

that meeting shall elect one from
 60

@@(iv) Meeting of the } Director of

Tea Export Promotion }Promotion. **(vi) Meetings of the } Director of Tea
Committee} Development Committee.}
Developments.
@(v) Meetings of the Labour } Welfare
Liason Welfare Committee. } Officer (vii) Meetings of any other } As
(North). directed by Committees.}theBoard.

14. Members of the Board and *(4) Travelling allowances shall be

Committees etc. Travelling and payable from the usual place of
daily allowances for journeys residence of a member of the Board
undertaken inside India. or any of the Committees to the
(1) Members of the Board or any place of the meeting of the place
Committee, other than officials of where he has gone to attend to any
the Central and State Government, business of the Board and back to his
shall be entitled to the payment of place of residence : Provided that
travelling and daily allowances for when the journey commences from
journeys undertaken by them for the return journey terminates at any
attending any meeting of the Board other place, the traveling allowance
or any Committee or any other shall be limited to the amount that
business of the Board, at the rates would have been payable had the
admissible to Government servants journey commenced from or
of the first grade under the rules terminated at the usual place of
made by the Central Govt. and for residence, or to the amount payable
the time being in force. in respect of the actual journey
(2) Incase of any journey performed undertaken, whichever is less ;
by an official of the Central or State
Govt. especiall nominated by the 15. Conveyance Allowance-- No
Board to serve on any ad-hoc conveyance allowance for attending
Committee or any other Committee meetings of the Board or any of the
or to attend to any other business of Committees or any other business of
the Board, the travelling and daily the Board, shall be paid to those
allowances admissible to him shall members of the Board or any of the
be payable by the Board at rates Committee who draw travelling or
admissible to him under the rules of daily allowances ;
the Govt. under which he is for the
time being employed. +Provided that a member of the
(3) No travelling allowance or daily Board or of the Committees thereof,
allowances shall be allowed to a as the case may be, who is resident
member of the Board or of any at a place where the meeting of the
Committee unless he certifies that he Board or any of the Committees,
has not drawn any travelling of daily thereof, as the case may be, is held
allowance from any other source in or where any other business of the
respect of the journey and halt for Board is transacted, may be paid the
which the claim is made; conveyance allowance as admissible
 61

to Group ‘A’ officers of the Central of which does not exceed

Government. Rs.1,700/- per month, subject to
the approval by the Board at its
16. Travelling and daily next meeting .
allowances etc. for journey (ii) The Executive Committee
undertaken outside India -- No shall have powers to create posts
travelling allowance for any journey under the Board, other than in the
undertaken outside India shall be Directorate of Tea Promotion,
paid to any member of the Board or the maximum salary of which
any Committee : Provided that for does not exceed Rs.1,700/-per
the purposes of this bylaw, a journey month, subject to the approval by
from one place to another place in the Board at its next succeeding
India through East Pakistan shall, meeting.
when the usual route lies through (iii) The Chairman shall have
East Pakistan, not be deemed to be a powers to create temporary posts
journey undertaken outside India : carrying a salary not exceeding
Provided further that if any member Rs.900 per month for aperiod of
of the Board or any Committee with three months subject to the
the previous consent of the Central approval by the Executive
Govt., travels outside India in the Committee or Export Promotion
interest of the Board, he shall be Committee, as the case may be.
entitled to receive travelling and (iv) The competent authority to
other allowances at such rates as may create a post specify under items
be sanctioned by the Central Govt. (i), (ii) and (iii) above shall have
from time to time for non-official powers to lay down
members of a delegation sent by it qualifications for the respective
outside India. posts.
(2) All Appointments to posts, the
17. Controlling Officer-- The maximum salary of which does not
Chairman shall be the controlling exceed Rs. 1,700 per month shall be
officer for the purpose of travelling governed by the following provisions
and daily allowances of the member namely :-
of the Board or of any Committee. (i) An appointment to a post the
maximum salary of which
**18. Creation of and appointment exceeds Rs.900 per month but
to posts : does not exceed Rs.1,700 per
(1) Creation of posts, the maximum month shall be made by the
salary of which does not exceed Executive Committee or in
Rs.1700/- Per month, shall be respect of posts in the Directorate
governed by the following of Tea Promotion by the Export
provisions, namely :- Promotion Committee subject to
(i) Export Promotion Committee the approval by the Board at its
shall have powers to create posts next succeeding meeting.
in respect of officers and staff (ii) The Chairman or Deputy
under the Directorate of Tea Chairman may make an
Promotion, the maximum salary appointment to a post, the
 62

maximum salary of which the Board : (2) Where the services

exceeds Rs.270 per month but of an employee of the Board are
does not exceed Rs. 900 per permanently transferred to a
month. corporation under clause (1) the
(iii) The Chairman shall have Board shall allow to such employee,
powers, in urgent cases and to in respect of his services under the
meet exigencies of work, to make Board, such retirement benefits as
temporary appointment on are allowed by the Central
officiating appointment to any Government to its employees of
post, the maximum salary of comparable grade and whose
which does not exceed Rs.1,700 services are permanently transferred
per month for a period not to any such corporation.
exceeding three months, within
which the approval of the *19. Age-- A person whose age
Executive Committee or Export exceeds 25 years may not ordinarily
Promotion Committee, as the be admitted into the service of the
case may be, for such Board : Provided that the appointing
appointment shall be obtained. authority as specified under by- law
(iv) The Secretary or an officer 18(2) shall have powers, in its
of the Board so authorised by the direction, to relax the age limit of
Chairman may make an candidates up to seven year.
appointment to a post, the Provided further that the age limit in
maximum salary of which does the case of an appointment to a
not exceed Rs.270 per month. technical or an administrative post
requiring experience in the line shall
**18A. Deputation of Tea Board be up to 45 years and the
Employees : The Services of any concurrence of the ntral
employee of the Board may, subject Government shall be obtained for
to the exigencies of service, be appointment of persons beyond that
placed on deputation with other age limit.
Government, semi-Govt. and quasi-
Govt. Operations or State 20. Medical Certificate of Fitness--
Undertakings by, or with the prior A medical certificate of fitness prior
approval of the appropriate authority to the first entry into the service of
competent to make appointment to the Board shall be required from
the post held by such employee every person joining the Board’s
under the provisions of section 9 of service. The Board may lay down the
the Tea Act. 1953 read with rule 19 class or classes of Medical Officers
of the Tea Rules , 1954 and by-law from whom certificates shall be
18(2) on the same terms & required to be obtained in respect of
conditions as are applicable to the different categories of personnel.
deputation of Central Govt. servants
holding comparable posts. 21. +Period of Probation--
Appointment to a permanent post in
@18B. Permanent Transfer of Group ’A’ shall be made on
Services of Certain Employees of completion of probation for a period
 63

of two years and in Group ’B’, ‘C’ shall be regulated in accordance with
and ’D’ for a period of one year with the same conditions as are applicable
effect from the date of his regular to the officers and employees of the
appointment provided that the Central Government of the
appointing authority may, for corresponding grades under the rules
reasons to be recorded in writing, and orders may by the Central
within a period of one month from Government and for the time being in
the date of completion of initial force.
period of probation, as the case may
be, extend the period of probation up 24. Medical Attendance and
Treatment -- The Board may grant to
to a maximum period of two years in
its officers and employees such
the case of Group ‘A’ post and up to
concessions for medical attendance
a maximum period of one year in the and treatment as are admissible to
case of Group ‘B’, ‘C’ and ‘D’ post officers and employees of the Central
Provided that this bye-law shall not Government under the rules and orders
apply to Government Servants whose made by the Central Government and
services are lent or transferred to the for the time being in force.
Board or to officers appointed on
contract. *25. Grant of Advances for the
Purchase of Motor Car, Motor
Provided that this by-law shall not Cycle and Bicycle-- Advances for the
apply to Government servants whose purchases of motor car, motor cycle
services are lent or transferred to the and bicycle may be granted to the
Board or to officers appointed officers and employees of the Board at
contract. such rates and conditions as may be
admissible to officers and employees
22. Allowances – holding comparable posts under the
(1) The Board may fix, from time to Central Government for the time being
time, the scales of house rent, in force. Subject to the concurrence of
compensatory and dearness the Central Government, Government
allowances for the officers and servants on deputation to the Tea
employees of the Board at such rates Board shall also be eligible to the
as may be admissible to officers and grant of such advances from the Board
employees of the Central Government in accordance with the aforesaid rules
of the corresponding grades at and orders. The grant of advance is
different places under the rules and subject to the availability of the funds
orders made by the Central under the head “advances is
Government in that behalf and in force recoverable bearing interest”.
for the time being ;
(2) Tea Board may also grant such @26. Grant of Advances for
other allowances to its officers and Buildings etc. of Houses -- An
employees as may be deemed advance for building a new house
necessary with the previous sanction (including purchase of land for the
of the Central Government. purpose) or for purchase of a ready-
built house or for enlarging living
23. Leave and Leave Allowances -- accommodation of an existing house
Leave and leave allowances of the owned by an officer or other employee
officers and employees of the Board of the Board other than one appointed
 64

by the Central Government may be officers and employees or of Board

granted to such officer or employee at as such special rates as may by laid
such rates and on such condition as down with the general or special
may be prescribed in the rules of the sanction of the Central Government.
Central Government for the time being
in force regulating the grant of 28.Controlling Officers :
advances for building etc. of houses to ***(1)The Chairman shall be the
Central Government servants. The controlling officers in respect of his
grant of advance is subject to the own travelling and daily allowances
availability of funds under the head as also in respect of the travelling
“Advances is recoverable bearing
and daily allowances of the Deputy
interest”.
Chairman.
** The Board, the Executive
Committee and Chairman shall have
****(2) The Chairman or the Deputy
power to grant advances up to the Chairman shall be the controlling
amounts specified below :- officer in respect of the travelling
Board - Up to the maximum limits of and daily allowance admissible to
such amount of advances as are the following officers and employees
admissible to Central Government of the Board namely :- Secretary,
servants under orders issued from time Assistant Secretary, Directors of Tea
to time. Development, Assistant Directors of
* Executive Committee ...... Up to Tea Development, Plantation
Rs. 70,000 Officer, Assistant Plantation Officer,
* Chairman ....... Up to Rs. 50,000 Supply Officer, Director of Tea
Promotion, Deputy Directors of Tea
$26A. Grant of other advances -- Promotion, Publicity Officer, Market
The Board may grant to its Liaison Officer, Controller of
employees or their families as, the Licensing, Joint Controller of
case may be, such other advances or Licensing, Director of Research,
any relief as are admissible to the Financial Adviser and Chief
Central Govt. employees of Accounts Officers, Sr. Accounts
comparable posts or to their families Officers, Statistician, Research
under rules and orders issued by the Officer (Statistics), Research Officer
Central Govt. from time to time. (Economics), Cost Accounts Officer,
Welfare Liason Officers, Special
27. Travelling and daily Officer for the North-West India,
allowances -- Officers and Section Officers and any other
employees of the Board shall be Officer Posted in the Head Office.
eligible to travelling and daily @(3) The Secretary shall be the
allowances at rates and under controlling officer in respect of the
conditions prescribed by the Central travelling and daily allowances
Govt. by rules and orders made for admissible to all other officers and
its officers and employees of the employees expecting the propaganda
corresponding grades and for the field staff and the staff working
time being in force. Provided that in under the various Regional Officer.
special circumstance travelling and @@(4) The Director of Tea
daily allowances may be paid to the Promotion shall be the controlling
 65

officer in respect of the travelling the Govt. of India of the

and daily allowances admissible to corresponding categories.
all employees subordinate to him
other than officers mentioned in @30A. Pension-cum-Gratuity
clause (2). Scheme -- (1) Officer and employees
****(4A) The Director of Tea of the Board shall be eligible for
Development shall be the pension and gratuity or both
Controlling Officer in respect of including family pension,
travelling and daily allowances extraordinary pension and
admissible to all regional officers commutation of pension at rates and
subordinate to him other than the under conditions prescribed by the
officers mentioned in clause (2). Central Govt. by rules and orders
@(5) The Regional Officer of the applicable to its officers and
Board stationed at Coonoor, Cochin, employees of the corresponding
Jalpaiguri, Jorhat and New Delhi grade and for the time being in force.
shall be the Controlling Officers in (2) Any person appointed as an
respect of travelling and daily officer or employee of the Board
allowances admissible to all after the commencement of the Tea
employees subordinate to them in Board (Fifth Amendment) Bye-laws,
their respective areas. 1963 shall be governed by the
pension-cum-gratuity Scheme. *(3)
***29. (i) “limits for grant of daily The officers and employees of the
allowances for days of halts”. The Board who are in service on the date
admissibility of daily allowance at a of commencement of the Tea Board
place out state on officer’s/Govt. (Fifth Amendment) Bye-laws, 1962
servants headquarters for a shall have the option to elect to the
continuous halt up to 30 days or pension-cum-gratuity scheme within
more duty tour/ temporary a period of one year from such date.
transfer/training shall be as follows :- *(4) In the case of an officer or
(i) First 30 days-- Full daily employee who has exercised the
allowance. (ii) Beyond (!!) 30 days} option referred to in clause (3) the
Half daily and up to 180 days } amount credited to his provident
allowance. (iii) Beyond 180 days ---- fund account as the Boards
Nil An authority declared as contribution to the date of his option
Controlling officer under by-law 28 together with the interest thereon
shall be competent to sanction daily shall from part of the Board’s funds.
allowance beyond 30 days at the said
rates in respect of the employees. *30.B. Insurance and other Social
Security measure-- The Board may
**30.Retirement -- The conditions introduce, from time to time, any
of retirement in respect of the scheme of insurance and other Social
officers and other employees of the security and welfare benefits to
Board, other than those appointed by officers and other employees other
the Central Govt., shall be the same than those appointed by the Central
as are for the time being applicable Govt. at such conditions and at such
to officers and other employees of rates as are admissible to the Central
 66

Govt., employees of comparable shall ordinarily be a disqualification

posts or to their families under rules for future employment under the
and orders issued by the Central Board.
Govt. in that behalf and in force for
the time being. EXPLANATION – The following
shall not amount to a penalty within
31. Penalty— the meaning of this bye-law namely
** (1) The following penalties may, :- (i) withholding of increments of an
for good and sufficient reason and as officer or employee of the Board for
hereinafter provided, be imposed his failure to pass any departmental
upon an officer or employee of the examination in accordance with the
Board namely :- Minor Penalties : (i) rules, bye-laws or orders governing
Censure ; (ii) Withholding of the Service to which he belongs or
promotion ; (iii) Recovery from pay post which he holds or the terms of
of the whole or part of any pecuniary his appointment: (ii) stoppage of an
loss caused to the Board by officer or employee of the Board at
negligence or beach of order ; (iv) the efficiency bar in time-scale of
Withholding of increments ; Major pay on the Ground of his unfitness to
Penalties ; (v) Reduction to a lower cross the bar : (iii) non-promotion of
stage in the time-scale of pay for a an officer or employee of the Board
specified period, with further whether in a substantive or
directions as to whether or not the officiating capacity, after
officer or employee of the Board will consideration of his case, to a
earn increments of pay during the Service, grade or post for promotion
period of such reduction and whether to which he is eligible ; (iv)
on the expiry of such period, the reversion of an officer or servant of
reduction will not have the effect of the Board officiating in a higher
postponing the future increments of Service grade or post to a lower
his pay ; (vi) Reduction to lower Service grade or post, on the ground
timescale of pay grade, post or that he is considered to be unsuitable
service which shall ordinarily be a for such higher Service, grade or
but to the promotion of the officer or post or an any administrative ground
employee of the Board to the time- unconnected with his conduct ; (v)
scale of pay, grade, post or service reversion of an officer or servant of
from which he was reduced, with or the Board appointed on probation to
without further directions regarding any other Service, grade or post, to
conditions of restoration to the grade, his permanent Service, grade or post,
or post or Service from which the during or at the end of the period of
said officer or employee was reduced probation in accordance with the
and his seniority and pay on such terms of his appointment or the rules
restoration to that grade, post or or bye-laws and orders governing
service ; (vii) Compulsory retirement such probation ; (vi) replacement of
: (viii) Removal from service which the service of a Govt. Servant, whose
shall not be a disqualification for service had been borrowed from a
future employment under the Board ; State Govt. or any authority under
(ix) Dismissal from service which the control of a State Govt., at the
 67

disposal of the State Govt or the staff Committee. other than under the
authority from which the service of Directorate of Tea Promotion. (iv)
such Govt. servant had been the Executive Committee. to the
borrowed ; (vii) Compulsory Board (v) the Export Promotion to
retirement of an officer or servant of the Central Committee or the Board.
the Board in accordance with the Government.
provision relating to his
superannuation or retirement ; (viii) 33. Government Servants -- The
termination of the Service -- (a) of an terms and conditions of the services
officer or employee of the Board of a Govt. servant whose services
appointed on a probation during or at may be lent or transferred to the
the end of the period of his Board on ‘foreign service’ terms will
probation, in accordance with the be governed by such terms and
terms of his appointment or the rules, conditions as may be laid down as
bye-laws and orders governing such the time of such deputation to the
probation, or (b) of a temporary service of the Board and in particular
officer or employee of the Board in nothing bye-laws 19,20 and 30 shall
accordance with the provisions of apply to them.
rules or bye-laws applicable thereto ;
or (c) of an officer or employee of *34. Secretary-- (1) Subject to the
the Board, employed under an rules framed under the Act and these
agreement, in accordance with the bye-laws, the Secretary shall be
terms of such agreement ; principal executive officer of the
Board. Finance Officer-- Subject to
@31A. Procedure for the rules framed under the Act and
Departmental Proceedings-- The these bye-laws, the Finance Officer
procedure to the followed as regards of the Board shall maintain the
departmental proceedings officer and accounts of the Board and carry out
employees of the Board shall be its internal audit.
same as is prescribed from time to
time by the Central Govt. in respect 35. Controller of Licensing and
of its officers and employees of Joint Controller of Licensing -- (1)
comparable rank and status. The Controller of Licensing or the
Joint Controller of Licensing within
*32. Appeal -- An appeal from an the limits of his respective
order made under Bye-Law 31 shall jurisdiction shall receive all
be as follows :- Order passed by applications or returns directed or
Appellate Authority (i) The Deputy allowed to the submitted by tea
Chairman to the Chairman or the estates under Chapter III and IV of
Secretary or an officer of the Board the Act. (2) Subject the general
authorised by the Chairman. (ii) The control of the Board, the Controller
Chairman, so far to the Export as it of Licensing or the Joint Controller
relates to the staff Promotion in the of Licensing or any other officer
Director of Tea Committee. member of the staff authorised by the
Promotion. (iii) the Chairman so far Chairman in his behalf, may register
to the Executive as it relates to the transfers, issue export licence
 68

special export licences, grant made ; (i) Crop basis analysis

permits, call for returns and register ; (ii) Export quota ledger
communicateto any person the orders account ; (iii) Export quota transfer
of the Board or of the Licensing register ; (iv) Short shipment claim
Committees. register ; (v) Export licence fee
register ; and (vi) Licensing
36. Inspector of Books of Licensing Committee’s Order books. (2) The
Committee :- (1) The owner of a tea owner of a tea estate shall be
estate shall be entitled, upon entitled, on payment of a copying
completion of an application from to charge of one rupee in respect of
be submitted to the Board, to inspect, each entry concerned, to obtain
at any time during business hours, copies of any entries which he is
entries in all or any of the following entitled under clause (1) to inspect
books in so far as they relate to the such copies shall be certified as
tea estate of which he is owner and correct by an official of the Board
in respect of which application is authorised in this behalf.
______________________________________________________________________________________
* Issued as per Notification of Govt. of India, Ministry of Commerce and Industry No.SRO.1390 dt.
22-6-1955 and No.GSR.509 dt. 28-6-1958, omitting all reference relating to Propaganda Committee.
** Substituted as per Notification of Govt. of India, Ministry of Commerce and Industry
No.GSR.834-[8 (7).-Plant(A)/62] dt. 11-6-62.
*** Amended as per Notification of Govt. of IndiaMinistry of Commerce and Industry No.GSR.834
(87).Plant(A).dt.11-6-62.
@ Inserted vide Govt of India, Ministry of Commerce Notification No. GSR 452 dated 15th
September, 1992
_________
@ Inserted and amended as per Notification of Govt. of India in the Ministry of Commerce &
Industry
No. GSR. 834-8(7) Plant (A)/62 dt. 11-6-62.
*** Inserted and amended as per Notification of Govt. of India in the Ministry of Commerce No.
GSR.............……..
dt. 16-10-1976.
* Amended as per Notification of Govt. of India in the Ministry of Commerce & Industry No. GSR.
1085-8(2) Plant (A)/62 dt. 10-8-62.
@ Inserted and amended as per Notification of Govt. of India in the Ministry of Commerce &
Industry
No. GSR. 834-8(7) Plant (A)/62 dt. 11-6-62.
__________________
** Inserted as per Notification of Govt. India in the Ministry of Commerce GSR. dated 16-10-1976.
+ Inserted vide Govt of India, Ministry of Commerce Notification No. GSR 452 Dated 15th
September,
1992_________________
* Substituted as per Notification of Govt. of India in the Ministry of Commerce & Industry No.
GSR.
834-[8(7)Plant(A)/62] dt. 11-6-1962.
* mended as per Notification of Govt. of India in the Ministry of Commerce & Industry No.GSR.
834-[8
(7)Plant(A)/62] dt. 11-6-1962.
@Inserted as per Notification of Govt. of India in the Ministry of Commerce & Industry No. SRO. 3586 dt.
30-11-1955.
** Inserted as per Notification of Govt. of India in the Ministry of Commerce dt. 16-10-1976.
@@ Inserted as per Notification of Govt. of India in the Ministry of Commerce & Industry No.
GSR.834-8(7) Plant(A)/62 dt. 11-6-1962.
 69

_______________________________________
@ Interest as per Notification of Govt. of India in the Ministry of Commerce and Industry No.
GSR.
834-8(7) Plant (A)/62 dt. 11-6-62.
** Inserted as per Notification of Govt. of India in the Ministry of Commerce No. GSR. dt. 16-
10-1976.
*Amended as per Notification of Govt. of India in the Ministry of Commerce and Industry No. GSR. 1963
dt. 9-9-59.
+Inserted vide Govt of India, Ministry of Commerce Notification No. GSR 452 Dated 15th
September,
1992

** Amended as per Notification of Govt. of India in the G-I, Part -II, Sec. -3, Sub-Sec. (1) No.
1585-
1590,
dt. 11-7-81 (Ministry of Commerce) vide GSR.643 dt. 25-6-81.
____________________
** Inserted as per Notification of Govt. of India in the Ministry of International Trade No. GSR. 630 [F.
No. 11(11) Plant (A)/69] dt. 9-4-1964.
@ Inserted as per Notification of Govt. of India in the Ministry of Commerce No. GSR. dt. 30-1-1965.
* Amended Inserted as per Notification of Govt. of India in the Ministry of Commerce & Industry No.
SRO. 3668 dt. 6-12-1955.
+ Inserted vide Govt of India, Ministry of Commerce Notification No. GSR 452 Dated 15th September, 1992
________________
* Inserted as per Notification of the Govt. of India, Ministry of Commerce & Industry No.SRO.1677 dt.28-
7-56, read with GSR.1009 dt. 19-7-62 and 1548 dt.13-10-65.
@ Inserted as per Notification of the Govt. of India, Ministry of Commerce & Industry No.SRO.1287 dt. 5-
3-57 read with GSR.622 dt. 10-7-62 and GSR No.64 dt.30-12-64.
** Inserted as per Notification of the Govt. of India, Ministry of Commerce & Commerce Industry
No.GSR.643 dt.25-6-81
__________________
$ Inserted as per Notification of Govt. of India Ministry of Industrial Trade No. GSR. 407[8(1) Plant (A)
dt. 25-2-63] read with GSR. 1581 dt. 4-10-66.
* Inserted as per Notification of the Govt. of India in the Ministry of Commerce & Industry No. GSR. 64
dt. 30-12-64 (as per page indication).
** Inserted as per Notification of the Govt. of India Ministry of Commerce & Industry No. GSR. 643 dt.
25-6-1981.
*** Inserted as per Notification of the Govt. of India in the Ministry of Commerce & Industry No. GSR.
1073 s dt. 1-11-58.
****Inserted as per Notification of the Govt. of India Ministry of Commerce & Industry No.GSR.643 dt.
25-6-1981.
@ Amended as per Notification of the Govt. of India in the Ministry of Commerce & Industry No. GSR.
1407 dt. 18-12-79.
@@Amended as per Notification of the Govt. of India Ministry of Commerce & Industry No. SRO. 3586
dt. 30-11-55.
__________________
****Inserted as per Notification of the Govt. of India in the Ministry of Commerce No.G.S.R.643
dt.
25-6-1981.
@@ Inserted as per Notification of the Govt. of India in the M.C. No. GSR 30 dated 29-12-67.
*** Substituted as per Notification of the Government of India in the Ministry of Commerce,
Civil
Supplies &
Co-operation GSR dt. 8-2-1979 [ K-12015(2)/78-Plant (A) ].
**Substituted as per Notification of the Government of India in the Ministry of Commerce No.
GSR
[K 11012(5)/76] Plant (A) dt. 26-2-1977.
@ Inserted as per Notification of Govt. of India in the Ministry of Commerce & Industry
No.GSR.1047
 70

[8(4)Plant (A)/62 dt. 28-7-62.

* Amended as per Notification of Govt. of India in the Ministry of International Trade No. GSR
668
[8(4) Plant (A)/65] dt. 13-3-63.
_______________
* Inserted as per Govt. Notification No. GSR 458 dt. 28-3-78 ( vide Ministry of Commerce letter
No.
K-11012(2)/77-Plant (A) ).
** Inserted as per Notification of Govt. of India Ministry of Commerce GSR.643 Dt. 25-6-1981.
________________
@ Inserted as per Notification of the Govt. of India in the Ministry of Commerce No. GSR. 1711
dt. 22-
11-65.
* Substituted as per Notification of the Govt. of India in the Ministry of Commerce & Industry
No.
SRG 3229
dt. 12-10-57.
* Substituted as per Notification of Govt. of India in the Min. of Commerce & Industry No.SRG.
3229
dt.12-10-57.

DEPOSITS, PAYMENT AND the subordinate Offices under their

INVESTMENT respective administrative control,
37. All moneys received by the maintain separate current accounts “
Board shall be paid into the current Tea Board Regional/Zonal Offices
account or accounts of the Board in (Disbursement ) of salaries,
such banks or branch thereof as may allowances other personnel claims)
be approved by the Central Accounts” in such places and with
Government. such banks from amongst those
approved by the Central Govt. under
@38. The Board may, to facilitate bye-law 37 as may from time to time
the financing of its field tea be determined by the Board. The
promotion and development work, respective officers in charge of the
maintain separate current accounts Regional or Zonal Offices, may be
called “Tea Board Zonal Offices authorised by the Chairman or
accounts” in such places and with Deputy Chairman to operate such
such banks from amongst those bank accounts only for the purpose
approved by the Central Govt. under of acting as drawing and disbursing
bye-law 37 as may from time to time officers in so far as the payments of
be determined by the Board. The the salaries, allowances and various
Balance at the credit of each such other personal claims in respect of
account shall, at no time, exceed the officers and staff attached to the
Rs.10,000. Regional or Zonal offices are
concerned. The moneys in such bank
+38A. The Board may to facilitate accounts shall only be utilised for the
the payments of the salaries, purposes specified above.
allowances and various other
personnel claims in respect of @@39.(1) The Tea Board Zonal
officers and staffs attached to the Offices Accounts shall be operated
Regional or Zonal Offices including by such officers of the Board (not
 71

below the rank of an Assistant being payments on account of

Superintendent) as may be salaries or allowances of officers and
authorised in that behalf by the employees of the Board shall be
Chairman or the Deputy Chairman. made by cheque.
(2) All moneys drawn from the Tea
Board Zonal Officers accounts shall, 43. The Chairman shall be
subject to the previous sanction of responsible for the safe custody of
the competent authority, be spent on moneys and property of the Board.
the field tea promotion and
development works only and the 44. All payments except payments
officer operating the account shall involving petty expenditure shall be
maintain and furnish accounts of all made against bills and be supported
moneys drawn by him. by vouchers duly receipted by the
payee.
*40. The Board may, with a view to
facilitating the financing of the *45 Power to sign Cheques :-- All
expenses of the office attached to the Cheques for an amount exceeding
Licensing Committee for South Rs.5,000/- (Rupees five thousand
India, maintain a separate current only) shall be signed by Chairman or
account called the Tea Board (Joint Deputy Chairman or Financial
Controller) Account at Cochin. The Adviser and Chief Accounts Officer
balance at the credit of such account and in their absence by the Secretary
shall at no time exceed Rs. 3,000/-. and countersigned by a member of
The said account shall be operated the Executive Committee. Cheques
by the Joint Controller of Licensing for sums not exceeding Rs.5,000/-
subject to such restrictions as may be shall be signed by Secretary or an
laid down in this behalf by the Officer of the Board duly authorised
Chairman. in this behalf by the Chairman.
Provided that the provision of this
*41. All moneys drawn from the Tea bye-law shall not apply in respect of
Board (Joint Controller) Account the operation of t Field Tea
shall be spent solely for such purpose Promotion Accounts and the Tea
of meeting the expenses of the Board (Joint Controller ) Account.
Board’s Office at Cochin as may be
determined by the Executive @46. The Chairman or Deputy
Committee and subject to such Chairman shall have the power to
conditions as may be laid down by sanction imprests for amounts not
that Committee. The Joint Controller exceeding Rs.5,000/- to be kept with
of Licensing shall maintain and the officers of the Board at different
furnish accounts of all moneys places, subject to the instructions in
drawn by him from such accounts. the General Financial Rules being
complied with.
42. Payments by or on behalf of the
Board shall be made in cash or by POWERS REGARDING FINANCIAL
MATTERS :
cheque : Provided that all payments
for sums exceeding Rs,200/- not
 72

***47. Power to sanction these bye-laws have power to

expenditure for Board’s work or sanction expenditure for Board’s
activities in side India – work or activities outside India up to
the amounts specified below in one
The Executive Committee, the case :-
Development Committee, the Labour (i) Export Promotion ...
Welfare Committee, the Chairman, Rs.50,000 on any Committee.
the Deputy Chairman, the Secretary one item.
or any other officer of the Board, (ii) (ii) Executive ... Up to
specially authorised in this behalf by Rs.25,000 Committee. on any
the Board, shall subject to the rules item.
and these bye-laws, have power to (iii) Chairman ... Rs.25,000 on
sanction expenditure for Board’s any one item.
work or activities inside India, up to (iv) Deputy .... Up to Rs.10,000
the amounts specified within the Chairman on any one item.
budget provisions :- (v) Secretary of any ... Rs.5,000
officer specially authorised
(i) Executive Committee ... Up by the Board in this behalf.
to Rs. 2 lakhs on any one
item. ***49. Power to re-appropriate
(ii) Development ... Up to Rs.2 estimated savings within a Head of
lakhs Committee on any one Expenditure -- The Executive
item relating to Tea Committee, the Export Promotion
Development. Committee, the Development
(iii) Labour Welfare ... Up to Rs.1 Committee and the Labour Welfare
lakh Committee. on any one Committee, shall subject to the rules
item relating to approved and these bye-laws have power to
Labour Welfare Schemes. reappropriate estimated savings
(iv) Chairman ... Up to Rs.1 lakh between such heads within a Head of
on any one item. expenditure up to the amounts
(v) Deputy Chairman ... Up to specified below :-
Rs.50,000 on any one item. (i) Executive Committee .... Rs.
(vi) Secretary or any .... Up to 5,000 in the case of any one
Rs.10,000 officer specially item.
on any one item. authorised (ii) Export Promotion ...Rs.5,000
by the Board on this behalf. in the Committee case of any
one item relating to Tea
@48. Power to sanction Promotion.
expenditure for Board’s work or (iii) Development ... Rs.5,000 in
activities outside India-- The the Committee case of any
Export Promotion Committee, the one item relating to Tea
Executive Committee, the Chairman, Development.
the Deputy Chairman, the Secretary (iv) Labour Welfare .. Rs.5,000 in
or any other officer of the Board the Committee case of any
authorised by the Board in this one item relating to Labour
behalf shall, subject to the rules and Welfare Scheme.
 73

(iii) Development ... Rs. 2,500/-

***@@50. Power to Enter into in Committee any one case
Contracts-- The Chairman, shall Relating to tea Development.
subject to the rules and these bye- (iv) Labour Welfare ... Rs.
laws, have powers to enter into such 2,500/- in Committee any
contracts as may be necessary in case relating To Labour
connection with the work and Welfare Scheme.
activities of the Board. (v) Chairman ... Rs. 1,000/- in
(i) Executive Committee ... any one case. (vi) Deputy
Rs.50,000/- Chairman** ... Rs. 500/- in
(ii) Chairman ... Rs. 25,000/- any one case.
(vi) Secretary ... Rs. 200/- in any
51. Power to institute suits, one case.
proceedings etc.-- The Chairman MISCELLANEOUS
and Secretary of the Board shall have 53. Common seals and Affixing of
power to institute suits or legal the same to contract -- The
proceedings, or to defend the same common seal of the Board shall
on behalf of the Board. remain in the custody of the
Secretary any Instrument on behalf
***52. Power to write off losses-- of the Board shall be executed by the
The Committees indicated below, the Chairman or the Vice-Chairman and
Chairman, the Deputy Chairman and the Secretary and the common seal
the Secretary shall, subject to the of the Board shall be affixed thereto
rules and these bye-laws have power by the Secretary in the presence of
to write off as irrecoverable losses the Chairman or the Vice-Chairman.
upto the amounts specified below :--
(i) Executive Committee .... *54. Delegation of power to call for
Rs.2,500/- in any one case. returns-- The power of the Board to
(ii) Export Promotion ... Rs. call for returns under section 35 of
2,500/- in Committee any the Act may also be exercised by the
case relating to the Chairman.
promotion.

_@ Amended as per Notification of Govt. of India in the Ministry of Commerce & Industry No.
GSR. 834 dt. 11-6-62 & GSR. 1962 & GSR. 838 dt. 19-5-1967. + Inserted as per Notification of Govt. of
India in the Ministry of Commerce GSR. No. K-11012(1)/72 Plant (A) dt. 21-5-73.
@@ Inserted as per Notification of Govt. of India in the Ministry of Commerce & Industry No. GSR. 838
dt. 19-5-1967. * Amended as per Notification of Govt. of India in the Ministry of Commerce & Industry No.
SRO. 3566 dt. 30-11-1955. * Amended as per Notification of Govt. of India in the Ministry of
Commerce No. GSR.[ K-11012 (1)/76-Plant (A)]. *** Substituted as per Notification of Govt. of
India in the Ministry of Commerce No.GSR.643 dt. 25-
6-1981. @ Inserted as per Notification of Govt. of India in the Ministry of Commerce and
Industry No. GSR. 1073
dt. 1-11-58 & GSR. 30 dt. 29-12-1967. @@ Amended as per Notification of Govt. of India in the
Ministry of Commerce No. GSR 640 dt.26-4- 1956 & G.S.R. 30 dt. 29-12-1967.
*** Substituted as per Notification of Govt. of India in the Ministry of Commerce No. G.S.R.
643 dt.25-6-1981. ** Interested as per Notification of Govt. of India in the Ministry of Commerce
and Industry of GSR. 1073 dt. 1-11-1958 & GSR. 30 dt. 29-12-67. * Inserted as per Notification
of Govt. of India in the Ministry of Commerce & Industry No. SRO. 714 dt. 9-3-1957.
 74

* THE INVESTIGATIONOF TEA UNDERTAKING /TEA UNITS

( PROCEDURE ) RULES 1981 ORDER
1. Short title
2. Application
3. Definitions
4. Procedure to be followed in making an investigation.

* Inserted as per Govt. of India Notification of Ministry of Commerce GSR. No. 336 dt. 26-2-82.
THE INVESTIGATION OF TEA investigator shall as far as
UNDERTAKING/TEA UNITS practicable, follow the procedure set
( PROCEDURE ) RULES 1981. out below namely : (a) Where the
investigation is ordered under or any
In exercise of the powers conferred of the clauses (a) to (c) of sub-
by section 49 of the Tea Act, 1953 section (1) of section 16B of the Act,
(29 of 1953), the Central Govt. the investigator shall as far as
Hereby makes the following rules, possible, for the purpose of arriving
namely :- at a finding, collect facts and figures
for five years immediately preceding
1. Short title : These rules may be the year in which the investigation is
called the investigation of Tea ordered, of the financial position, the
Undertaking/Tea Units (Procedure) volume of production the statutory
Rules, 1981, financial liabilities of the concerned
2. Application : These rules shall be tea undertaking or tea unit. (b)
apply to the investigation in respect Where the investigation has been
of any tea undertaking or tea unit ordered under clause (d) of sub-
referred to in section 16B of the Tea section (1) of section 16B of the Act,
Act, 1953/(29 of 1953). the investigator shall, in the course
3. Definitions : In these rules, unless of investigation inter-alia
the context otherwise requires ; (a) examination. (i) The financial
‘Act’ means the Tea Act, 1953 (29 of position of the tea undertaking tea
1953) ; (b) ‘Investigator’ means the unit and see whether it has been
person to body of persons appointed prompt in making payment of taxes
by the Central Govt. for the purpose and discharging its other liabilities ;
of making any investigation under (ii) The composition of the
section 16B of the Act. (c) management of the tea
‘Investigation’ means investigation undertaking/tea unit and the relations
referred to in section 16B of the Act. thereof with the labour ; (iii) The
(d) the words and expressions used composition of the management of
in these rules and not defined but the tea improve the quality, quantity
defined in the Tea Act, 1953 (29 of and sale price of tea ; (iv) Any other
1953 ) shall have the meanings matters which the investigator
respectively assigned to them in that considers relevant or necessary for
Act. the purpose. (2) The investigator
4. Procedure to be followed in may, before commencing the
making an investigation : (1) In investigation , call upon the
making an investigation, the management of the tea
 75

undertaking/tea unit, the employees the tea undertaking or tea unit, as

of such tea undertaking or tea unit, case may be, in respect of which
and such other persons as are investigation is ordered, reasonable
concerned with the investigation, to opportunity of being heard including
furnish the investigator written opportunity to adduce any evidence.
statements relating to the affairs of
the tea undertaking or tea unit, as the (6) Submission of report : (1) The
case may be. (3) Every written investigator shall after completing
statement referred to in sub-rule (2) the investigation submit a report of
shall be signed by the person the Central Govt. within the period
furnishing it. (4) In support of the specified therefore. (2) In making the
facts and figures, if any, collected in report referred to in sub-rule (1) the
pursuance of sub-rule 1, the investigator shall states ; (a) Whether
investigator may, to the extent he the opinion referred to in section 16B
considered it necessary, take of the Act. formed by the Central
evidence in writing (either I the form Govt. is justified and correct (b)
of oral testimony of affidavits) from What are the causes for the state of
persons connected with the tea affairs of the tea undertaking or tea
undertaking o tea unit concerned, unit which necessitated the
whose evidence is, in his opinion, investigation ; and (c) How the state
relevant for the purpose on of affairs , if they still exit, can be
investigation. remedied.
(5) Opportunity of hearing : The (7) Power to regulate procedure :
investigator shall, before completion The investigator shall have the
of his investigation, if the power to regulate his or its own
management and the employees of procedure.

The Tea Board (Write Off Losses ) Rules, 1996**

In exercise of the powers conferred Accounts Officer of the Board (c)

by sub-section (1) of Section 49 read “Board” means the Tea Board
with clause (ja) of sub-section (2) of constituted under Section 4 of the Act
Section 49 of the Tea Act, 1953 (29 (d) “Chairman” means Chairman, Tea
of 1953) the Central Government Board and includes any person
hereby makes the following rules exercising for the time being the
namely :- powers of the Chairman (e) “Chief
Short Title and Commencement Regional Executive” means the Chief
(1) These rules may be called the Tea Regional Executives of the Board (f)
Board (Write Off Losses) Rules, 1996 “Committee” means any committee
constituted by the Board under Section
(2) They shall come into force on the 8 of the Act (g) “Competent
date of their publication Disciplinary Authority” means the
Definition: In these Rules, unless the Central Government, the Board,
context otherwise requires- (a) “Act” Chairman, Deputy Chairman as the
means the Tea Act, 1953 (b) case may b (h) “Deputy Chairman”
“Accounts Officer” means the means the Deputy Chairman of the
 76

Board (i) “FA & CAO” means the submitted to the Chairman who will
Financial Adviser and the Chief deal with tem finally if the losses
Accounts Officer of the Board (j) involved does not exceed amount
“Financial Year” means the year which he is competent to write off the
beginning on 1st of April and ending loss. (2) Reports of the Chairman in
on the 31st March following (k) respect of all losses exceeding Rs.
“Money” means money received by 300/- each and reports by him which
the Board under Chapter V of the Act he cannot dispose of finally under sub-
(l) “Official” means officers and rule (1) shall be submitted to the
employees of the Board including Committee/Board, as the case may be.
officials on deputation to Board (m)
“Schedule” means Schedule attached 5. Detection of Losses (1) Losses
to these Rules (n) “Secretary” means arising out of mistake negligence,
Secretary of the Board (o) “Stores” fraud, theft and carelessness and
means all articles and materials misappropriation* to the property and
purchased or otherwise acquired for money of the Board as soon as may be
the use of Tea Board, including not detected by an official of the Board
only expendable and issuable articles shall forthwith be reported by the said
in use or accumulated for specific official to his/her immediate superior
purpose but also articles of dead stock officer; (2) On receipt of report as per
of the nature of plant, machinery, Sub-Clause (1) above by a superior
instrument, furniture, equipment, officer, the said superior officer shall
fixtures but excluding books, ascertain the quantum of loss in terms
publications and periodicals in a of money and book-value and also
library. indicate the person/persons primarily
responsible for such loss and on
3. Removal of Doubts : Where a completion of such preliminary
doubt arises as to the interpretation of investigation shall within 21 days from
any of the provisions of this rule, the the date of receipt of the report from
matter shall be referred to the Central his subordinate officer(s), submit a
Government for decision. detailed report to the FA&CAO and
Secretary and/or Chief Regional
4. Defalcation and Losses: (1) Any Executive, as the case may be. *(3) In
loss exceeding Rs. 300/- of shortage of addition to taking action as prescribed
money, stores or other properties held in sub-rules (1) and (2), the authorities
by or on behalf of Tea Board, caused mentioned above shall follow the
by defalcation or otherwise including provisions indicated below in cases
losses and shortage noticed as a result involving loss of substantial nature
of physical verification which is including destruction of Board’s
discovered by any branch of the Board Property as a result of fire, theft or the
including Regional, Zonal and Sub- like and such loss having an assessed
Regional offices, shall be immediately value of Rs. 10,000/- or more. *(i)
reported by official concerned who has When lose of substantial nature having
detected the loss to the next higher an assessed value of Rs. 10,000/- or
authority as well as to the Accounts more due to suspected theft, fraud, fire
Officer and FA & CAO even when or the like occur in any office or
such loss has been made good by the installation, such cases should
party responsible for it and thereafter invariably be reported to the police for
investigation on the first available
 77

opportunity. (ii) For the purpose of the order.n(4) Failure to replace the book
above instruction all losses excepting on the part of the official responsible
the losses due to the suspected for the loss within the stipulated
sabotage of the assessed value of period shall be reported by the
Rs.10,000 and more shall be regarded Librarian indicating the estimated
as ‘material’. All cases of suspected price of the book to FA & CAO, who
sabotage shall be reported to the police thereafter shall ascertain the
promptly irrespective of the value of replacement value of the book so lost
the loss involved. (iii) Once the matter and shall order recovery of the price of
is reported to the police authorities, all the book lost from the said official as
concerned should assist the police in per provisions of sub-clause (1) of this
their investigation. A formal Clause.
investigation report should be
obtained from the police authorities in
all cases which are referred to them as
indicated above. 7. Types of Losses to be written off
Losses other than those which have
6. Recovery of the Losses *(1) The been detected under Clause 5 above
report as per sub-rule (2) of rule 5 and have become irrecoverable in
when received by the authorities spite of observation of procedure laid
mentioned in the said sub-rule (2) down in clause 6 above, shall be
above shall be finally concluded by written off.
fixing responsibility against the
official responsible for the loss and Provided that such losses have arisen
thereafter shall be submitted to the not due to negligence, fraud, theft,
Chairman for a final decision in the mistake or carelessness.
matter. Provided that decision for
recovery in lump sum or recovery by
instalments shall be the exclusive
discretion of the Chairman. Provided 8. Power to Write Off (1) Subject to
further that prior to the issuance of an the provisions of these rules and the
order of recovery of the losses, the relevant provisions of the General
delinquent official shall be given a Financial Rules and Delegation of
reasonable opportunity of being heard. Financial Power Rules, 1978, Board
(2) Notwithstanding anything shall in relation to write off losses
contained hereinbefore, Loss of have the powers specified in the
Library Books and journals etc. as Schedule. (2) Board may by General
soon as may be detected by the or Special Order, confer powers not
Librarian shall forthwith be reported exceeding those vested in the Board
to the Secretary and FA & CAO upon the Committees or Chairman or
showing name of the official to whom Deputy Chairman or Secretary as the
the book so lost was issued. case may be in respect of matter
covered by these rules Provided that
(3)Soon after the receipt of the report no power under these rules shall be
as above, the Secretary shall order redelegated. (3) The powers specified
replacement of the book or journal etc, in the Schedule may be exercised by
as the case may be, from the official the Board or Committees, or
responsible for the loss within 21 days Chairman or Deputy Chairman or
from the date of passing of the Secretary as the case may be provided
 78

that - (a) the loss does not disclose a held personally responsible for any
defect in any rules or procedure, the loss arising from fraud or negligence
amendment of which requires the on the part of any other officer to the
Order of the Central Government; (b) extent to which it may be shown that
there has not been any serious he contributed to the losses by his own
negligence on the part of any official action or negligence.
which may call for disciplinary action
by the Competent Disciplinary 11. Prevention of Future Losses (1)
Authority. A Quarterly statement of write off
losses for each financial year should
9. Accidents Any serious loss of be submitted by the Secretary to the
immovable property, such as building, Central Government and/or Board
Communications, other works caused indicating the reasons for the loss and
by fire, flood, cyclone, earthquake or the remedial measures taken to prevent
any other natural cause shall be the recurrence of the type of loss. (2)
reported at once by the subordinate If the Central Government and/or
authority concerned to Government Board finds that the loss reveals some
through the usual channel. basic defect in the rules of procedure,
the amendment of which requires
10. Responsibility for Loss Every orders of superior authority in the
officer shall realize fully and clearly Ministry of Finance, they should bring
that he will be held personally the same to the notice of such superior
responsible for any loss sustained by authority for remedial action.
the Board through fraud or negligence
on his part and that he will also be

SCHEDULE

Sl.No. Nature of Loss Authority Monetary Limit up

to which the loss may be written off in each case1.

Irrecoverable Losses of Stores or money including Stamps and Library Books Board
Committees (Executive, Export Promotion Committee, Development Committee, Labour
Welfare Committee) Chairman Dy Chairman Secretary Rs. 5,000/- @ Rs. 2,500/- Rs. 1,000/-
Rs. 500/- Rs. 200/- 2. Irrecoverable loans or advances Board Committees (Executive, EPC,
Development, Labour Welfare Committees) Chairman Dy. Chairman Secretary Rs. 5,000/- @
Rs. 2,500/- Rs. 1,000/- Rs. 500/- Rs. 200/- 3. Condemnation of Motor Vehicle Board (in
years) whichever is reached later, have been fixed as under :- Type of Vehicle Motor Vehicles
fitted with less than 18 hp (RAC) Kms. 1,50,000 Years : 08 4. Other monetary losses
Chairman Rs. 1,000/-* In case of irrecoverable rent damages (including furniture hire charges
and service charges) in respect of Board’s residential accommodations @ As per Tea Rule 36
of Tea Rules 1954 *As per Bye Law 52 of Tea Board Bye-Laws 1955

* Inserted as per Gazette Notification No. G.S.R. 606(E) dated 13.07.2000 [ Tea Board (Write off
Losses) Amendment Rules, 2000]
These Rules have been enacted vide Govt of India Ministry of Com. Notification No. GSR 364 (E)
Dated14th August, 1996.
 79

PUBLISHED IN SUB-SECTION (i) OF SECTION 3 of PART II

OF THE GAZETTE OF INDIA DATED 10.7.1971.

GOVERNMENT OF INDIA
MINISTRY OF FOREIGN TRADE

NEW DELHI, the 25th May, 1971

NOTIFICATION
(TEA CONTROL)

G.S.R. 1023 (1(30)-Plant(A)/63). WHEREAS a draft of the Tea Board

(Recruitment and conditions of Service of Officers appointed by government) Rules,
1969 was published, as required by sub-Section (i) of section 49 of the Tea Act, 1953 (29
of 1953), at pages 2793 to 2803 of the Gazette of India, Part II, Section 3, Sub-Section
(i), dated the 30th August, 1969, with notification of the Government of India in the
Ministry of Foreign Trade and Supply (Department of Foreign Trade) No. GSR 2080,
dated the 23rd August, 1969, inviting objections and suggestions from all persons likely to
be affected thereby, till the 15th October, 1969;

AND WHEREAS the said Gazette was made available to the public on the 30th
August, 1969;
AND WHEREAS the objections and suggestions received from the public have
been considered by the Central government.
NOW, THEREFORE, in exercise of the powers conferred by Sub-Section (i),
read with clause (d) of Sub-Section (2) of section 49 of the said Act, the Central
government hereby makes the following rules, namely :-

Short title and

Commencement :- 1.
(i) These rules may be called the Tea Board
(Recruitment AND Conditions of Services of
Officers appointed by Government) Rules, 1971.
(ii) They shall come into force at once .
 80

Definition : 2. In these rules, unless the context otherwise requires :-

a) ‘ACT’ means the Tea Act, 1953 (29 of 1953)

b) ‘appointing authority’ means :-

(i) the authority empowered to make appointments to the

post which the officer for the time being holds, or
(ii) the authority which appointed the officer to the post
which he for the time being holds ;

c) ‘Board’ means the Tea Board established under section 4 of

the Act ;
d) ‘Government’ means the Central Governments
e) ‘Officer’ means the Secretary to the Board or any other
officer, drawing salary of rupees one thousand or more per
month, appointed by the Government under section 9 of the
Act and includes an officer of the government lent to the
Board ;
f) ‘Pay’ means the pay as defined in the Fundamental Rules
and Supplementary Rules applicable to the servants of the
Government ;
g) ‘Schedule’ means the Schedule appended to these rules.

Application : 3.. These rules shall apply to the posts specified in column 2 of
the Schedule.

Scale of pay and 4. The scales of pay attached to the said posts and the minimum
Qualification : qualification required for recruitment thereto shall be as
Specified in columns 4 and 6 of the Schedule.

Method of
Recruitment : 5. The method of recruitment and other matters relating
thereto shall be as specified in column 7 and 8 of the
Schedule.

A G E. 6. The maximum age-limit at the time of selection for direct

recruitment to any of the said posts shall be as specified
in column 9 of the Schedule Provided that the upper age
limit prescribed for direct recruitment may be relaxed in
the case of Scheduled Castes, Scheduled Tribes ad other
special categories of persons in accordance with the
general orders of the Government of India issued from
time to time.
 81

Disqualifications: . 7. a) No persons who has entered into or

Contracted a marriage with a spouse living, or
b) who, having a spouse living, has entered into or
contracted a marriage with any person, shall be
eligible for appointment to any of the said posts :

Provided that the Central Governments may, if

satisfied that such marriage is permissible under
the personal law applicable to such person and
the other party to the marriage and there are
other grounds for so doing, exempt any person
from the operation of this rule;

Reservations and
Other concessions : 8. The appointment to the said posts shall
be subject to reservations and other
concessions provided to any category of
citizens from time to time by the
government of India.
Seniority 9. Subject to the condition that the permanent
officers of each grade shall be ranked senior
to the persons who are officiating in that
grade, the seniority of any officer in any
grade shall be determined as follows
namely:-

(a) Direct Recruitment

The relative seniority of all direct recruits
shall be determined by the order of merit in which
they are selected for such appointment, persons
appointed as a result of an earlier selection being
senior to those appointed as a result of a subsequent
selection ;

Provided ;that where persons recruited initially on a

temporary basis are confirmed subsequently in an
order different from the order of merit indicated at
the time of their appointment seniority shall follow
the order of confirmation and not the original order
of merit.
 82

(b) Promotion :

(i) The relative seniority of persons promoted

to the various grades shall be determined in
the order of their selection for such
promotion;
Provided that where persons
promoted initially on a temporary basis are
confirm subsequently in an order different
fro the order of merit indicated at the time of
their promotion, seniority shall follow the
order of confirmation and not the original
order of merit

(ii) Where promotions to a grade is made from

more than one grade, the eligible persons
shall be arranged in separate lists in the
order of their relative seniority in their
respective grades. Thereafter, the
Departmental Promotion Committee shall
select persons for promotion from each list
up to the prescribed quota and arrange
different lists in a consolidated order of
merit which shall determines the seniority of
the persons for promotion to the higher
grade.

The relative seniority of direct recruits and

of promotees shall be determined according
to the rotation vacancies between direct
recruits and promotees which shall be based
on the quotas of vacancies reserved for
direct recruitment and promotion
respectively in the Recruitment Rules.

Medical Certificate : 10. A medical certificate of fitness from competent

authority shall be required from every person at the
time of his joining the post.
Period of Probation : 11. Every person appointed to a post under these rules,
By direct recruitment or by promotion, shall be on
Probation in that post for a period of two years with
Effect from the date of his regular appointment in
Which he is declared by the appointing authority to
Have commenced probation;
 83

Provided that the appointing authority may,

for reasons to be recorded in writing
extended or reduced the period or probation
by such period or periods as it deems fit.
Termination of
Service or probation : 12. (i) The appointing authority may terminate
The service of ay officer appointed to a post
by direct recruitment or revert without
assigning any reasons any officer appointed
to a post by promotion to the post hold by
him before such probation during or at the
time of the period of probation or the
extended period of probation, if his work or
conduct in that post is found to be
unsatisfactory.

(iii) If his work and conduct were found to be

satisfactory during the period of probation,
the appointing authority shall, as soon as the
prescribed period of probation is over or
during the extended period of probation or
after its completion, as the case may be,
declare that he has completed his probation
satisfactorily,

Pension benefits : : 13. The pensionary and retirement benefits and

other conditions of service of officers shall
be such as may be prescribed from time to
time under relevant rules made under the
Act.
Other conditions
of service : 14. The other conditions of service of the
persons appointed to the said post in respect
of matters for which no provision is made in
these rules shall be the same as are for the
time being applicable to officers of
corresponding category in service in the
Government.
Sd/-
S. N. Dandona
Deputy Secretary to the Government of India
To:
The General Manager,
Govt. of India Press,
New Delhi.
 84
ANNEXURE

SCHEDULE

1 2 3 4 5 6 7 8 9 10 11
Sl. Name of Post No. of Scale of Duties Qualifica- Method of Candidates eligible for Age limit in Period of Selection
No. Posts Pay tion & recruitment appointment (The conditions of the case of deputation Committee
experience eligibility for appointment direct
(The specified are in respect of recruitment
qualifica- persons consider-ed for only
tions and appointment on promotion and
experience deputation)
would be
applicable
in the case
of direct
recruitment
only)
To exercise such of the - By deputation Officers of the I.A.S. or any of the Not 4 years, 1. Secretary,
1. Deputy 01 Rs.14300- functions as may be Central Services applicable which may Dept. of Commerce
Chairman 400-18300/- assigned to him by the Class- I with at least 12 years of be extended 2. Additional
Chairman of the Board service by 1 year Secretary,
except that of presiding Dept. of Commerce
over the meetings. He 3. Joint Secretary,
shall also assist the Dept. of Commerce
Chairman of the Board 4. Chairman, Tea
in the day to day Board
working of the office of
the Board.
To exercise such of the - 1)By Deputation Not appli- 2 years 1. Secretary/
2. Secretary 01 Rs.12000- functions as have been deputation Officers of the I.A.S. or any of the cable which may Additional Secretary,
375-16500/- assigned in the Act and Central Services Class I or the be extended Ministry of
the rules and bye-laws 2) By State services Class-I with at least by one more Commerce
made thereunder. He Promotion 9 years of service. year 2. Joint Secretary,
shall be responsible for Promotion Ministry of
the secretariat work of Controller of Licensing and Commerce
the Board and shall be Assistant Secretary, Tea Board 3. Chairman, Tea
incharge of the having minimum of 5 years service Board
administration of the in the respective grade and Spl
office of the Board under Office for NWI
directions from the Dy.
Chairman or the
Chairman
 85
1 2 3 4 5 6 7 8 9 10 11
To advise the Board on A degree of By promotion Promotion 45 Years - 1. Secretary/
3. Director of Tea 01 Rs14300- matters connected with recognized failing which, Notified in the Gazette of India Additional Secretary,
Development 400-18300/- problems of tea University, by direct Ministry of
plantations generally as relaxable in recruitment Commerce
well as standards of case of 2. Joint Secretary,
maintenance and otherwise Ministry of
production and to exceptionall Commerce
implement the Board’s y qualified 3. Chairman, Tea
various schemes for candidates, Board
assistance to the tea 10 years 4. A member of
industry. experience Executive
of tea Committee of the
plantations Board
at the
managerial
level
4. Plantation Officer The post has been re-designated as Deputy Director of Tea Development(Plantation) in the pay-scale of Rs.10000-325-15200/- vide Tea Board [Recruitment and
Conditions of Service of Deputy Director of Tea Development(Plantation)] By-laws 2001 so notified in terms of Notification No.11(5)/Estt/85 dt.16/01/2002 and
published in Part-III, Section-4 of the Gazette of India dt.26/01/2002.
Liaison with the - By promotion i) By Promotion Not app- 2 years 1. Chairman of Tea
5. Special Officer 01 Rs10000- Governments of Uttar failing which, Dy. Director of Tea Promotion with lica-ble which may Board
for North West 325-15200/- Pradesh, Punjab, by deputation 5 years service as such. be extended 2. Dy. Chairman of
India Himachal Pradesh for ii)By Deputation by one more the Board
co-relation and co- Officer of the IAS of any of the year 3. A member of
ordination of the Central Services Class-I or the Executive
implementation of State Srvices Class-I with at least 7 Committee of the
various measures of aid years of service Board
and assistance to small 4. Director of Tea
growers in that area The promotee/ deputationist are Development
required to possess following
qualifications:
Essential: Experience on
Agricultural conditions prevailing in
the State of Uttar Pradesh,
Hariyana and Punjab and the
Union Teritory of Himachal
Pradesh with particulars reference
to the growing of tea

Desirable:
Experience in the running of
Canteens.
6. Market Liaison Notified in the Government Gazette separately
Officer
 86
1 2 3 4 5 6 7 8 9 10 11
7. Director 01 Rs.10000- To maintain liaison with Essentil : 100% by direct Not exc-eed-
(Research) 325-15200/- existing Scientific M.Sc in recruit-ment - ing 45 years - -
organizations Agriculture
collaborating with the or Botany or
Tea Board, to be In- Chemistry of
charge of Research Bio-
Publication and to draw Chemistry.
up and examine scheme Adequate
of Research and to work Research
as Secretary to the Tea experience
Research Liaison Desisrable:
Committee of the Board Experience
in
organization
of Research
work,
Liaison with
Scientific
bodies and
Publication
of Scientific
papers.
8. Dy. Director of The post has been re-designated as Deputy Director of Tea Development(Plantation) in the pay-scale of Rs.10000-325-15200/- vide Tea Board [Recruitment and
Tea Conditions of Service of Deputy Director of Tea Development(Plantation)] By-laws 2001 so notified in terms of Notification No.11(5)/Estt/85 dt.16/01/2002 and
Development published in Part-III, Section-4 of the Gazette of India dt.26/01/2002.
 87
SCHEDULE
Sl. Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
No. Promotion Direct Age Educational qualification Promotion
Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
2. Deputy Rs.10000- To assist the Director of 40 i) Educational Qualification: By Selection: R&P
Director of 325-15200/- Tea Promotion, India, 50% 50% years. Honours Graduate from a Rule
Tea Promotion and to look after his (Out of 05 (Out of 05 Relax- recognized University, From: amended
work in his absence on sanctioned sanctioned able with a Post Graduate a) Supply by the
tour or leave posts, 03 posts, 02 upto 45 Degree/Diploma in Officer
Board on
are to be are to be years b) Joint
Marketing/Advertisement several
filled up by filled up for Controller of
promotion) by direct Govern / Mass Communication. Licensing occasion
recruit- -ment/ c) Welfare as under:
ment) Public ii) Experience: Liaison 1. On
Sector At least ten years’ work Officer 30/4/89 at
employ experience in a Market (North) Bhuba-
ees Research Organization or d) Publicity neswar
who in the Marketing division Officer
meet of a reputed company e) Research 2. On
the dealing in agro-products Officer(Econ.) 17/3/98
above f) Research (vide OM
or experience in sales No.58/98
criteria promotion/campaign of Officer(Stats.)
dt.30/3/98)
agricultural products in
With at least 3. On
an advertising agency. 03 years 26/9/2002
experience in in Kolkata
: Exposure to day-to-day each cadre (vide OM
office administration. No.212/
2002
: Good working knowledge dt.11/12/
of export market of overseas 2002)
brand promotion is
desirable. Knowledge of a
foreign language will be an
added qualification.
 88
SCHEDULE

Sl. Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
No. Promotion Direct Age Educational qualification Promotion
Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
3. Assistant The post has been re-designated as Deputy Director of Tea Development(Plantation) in the pay-scale of Rs.10000-325-15200/- vide Tea Board
Plantation [Recruitment and Conditions of Service of Deputy Director of Tea Development(Plantation)] By-laws 2001 so notified in terms of Notification
Officer No.11(5)/Estt/85 dt.16/01/2002 and published in Part-III, Section-4 of the Gazette of India dt.26/01/2002.
4. Assistant Rs.10000- To assist the Secretary Normally to be filled up by Not Essential: A degree of a By Selection:
Secretary 325-15200/- in his duties promotion except when in exceed- recognized University and
the opinion of the ing 35 experience of at least five From:
appointing authority years years in Governmental a) Joint
suitable departmental Accounts and/or Controller of
candidates are not Administration. Licensing
available b) Supply
Officer
c) Welfare
Liaison
Officer
(North)
With at least
03 years
service
 89
SCHEDULE

Sl. Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
No. Promotion Direct Age Educational qualification Promotion
Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
5. Statistician Rs.10000- Maintenance and Normally to be filled up by Not Essenstial: A Master’s By Selection:
325-15200/- collection of tea promotion except when in exceed- degree in Statistics of a From:
statistics relating to the opinion of the ing 35 recognized University and a) Research
acreage production, appointing authority years experience in Statistical Officer(Stats.)
movements, exports, suitable departmental work in responsible b) Research
stocks etc. and other candidates are not Position. Officer(Econ.)
statistical data relating available Desirable: Knowledge of c) Research
to the tea industry as handling commodity Officer(Cost)
also statistics relating to problem. With at least
tea chests. 05 years
experience as
such and
familiarity
with statistical
methods
6. Sr. Assistant The post has been re-designated as Deputy Director of Tea Development(Plantation) in the pay-scale of Rs.10000-325-15200/- vide Tea Board
Director of [Recruitment and Conditions of Service of Deputy Director of Tea Development(Plantation)] By-laws 2001 so notified in terms of Notification
Tea No.11(5)/Estt/85 dt.16/01/2002 and published in Part-III, Section-4 of the Gazette of India dt.26/01/2002.
Development
 90
SCHEDULE

Sl. Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
No. Promotion Direct Age Educational qualification Promotion
Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
7. Project Rs.10000- To be responsible for Not Essential: A good M.Sc. or - Re-
Manager 325-15200/- implementation of the 100% exceed- Ph. D. degree in designated
(Now programme of research ing 45 Agronomy/Horticulture of a as Project
designated as development and years recognized University with Director
Project extension work of the 7 years experience in by the
Director) Tea Board’s Research Agronomic Research Board in
Centre at Darjeeling preferably in perennial its
Crops meeting
held on
8. Sr. Accounts Rs.10000- To assist F.A.&C.A.O. By Selection
Officer 325-15200/- in matters involving 100% - - - from the -
Financial scrutiny of Accounts
schemes and proposals Officers with
as well as to hold minimum 3
charge of the internal years service
Audit work and to co- as such.
ordinate or the work of
the various Accounts
Officers of the Board.
9. Assistant The post of ADTP has been re-designated as DDTP. (The Executive Committee/Board in their meetings held on 29th and 30th April, 1989 at
Director of Bhubaneswar have approved the proposal towards merge the two categories viz. ADTPs and DDTPs in a common designation as DDTP with
Tea Promotion the sanctioned strength of 05.)
 91
SCHEDULE
Sl. Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
No. Promotion Direct Age Educational qualification Promotion
Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
1. Jr. Soil Rs.8000-275- Research in plant Not 1st Class M.Sc. in Soil - Re-
Scientist (Now 13500/- nutrition Soil Survey, - 100% exceed- Science with specialization designated
designated as and development of ing 40 in plant nutrition and as Soil
Soil Scientist) practical years minimum 5 years research Scientist
recommendations experience in the subject by the
Board in
its
meeting
held on
2. Supply Officer Rs.8000-275- To handle distribution Normally to be filled up by Not Essential: (i) Degree of a By Selection The post
13500/- of controlled materials promotion except when in exceed- recognized University; from: of Sl. Gr.
to the tea industry and the opinion of the ing 40 (ii) Experience in general (1) W.L.O.(S) Steno. has
to arrange dispatch of appointing authority years transport work & familiarity (2) Section been
essential tea garden suitable departmental with rules relating to Officer included
stores; to determine candidates are not distribution of controlled (3) Sl. Grade in the
essentiality for available materials and import control Stenographer* feeder
importation of tea regulations and suitable cadre by
garden machinery and administrative experience the Board
other stores. in its
meeting
held on
26/9/2002
in
Kolkata.
 92
SCHEDULE
Sl. Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
No. Promotion Direct Age Educational qualification Promotion
Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
3. Assistant Rs.8000-275- To assist the Director of Normally to be filled up by Not Essential: (i) Degree of a By Selection
Director of 13500/- Tea Development in promotion except when in exceed- recognized University; from :
Tea implementing any the opinion of the ing 45 (ii) About 4 to 5 years
Development scheme about the appointing authority years experience of tea culture Development
development of tea suitable departmental and manufacture in all its Officer –
gardens and candidates are not aspects. former
examination of available Desirable: A Diploma or Supdt.(Dev.)
problems relating to the Degree in Agriculture.
tea industry measures Educational Qualification
for improvement in the may be relaxed in the case
working condition of of otherwise exceptionally
gardens etc. suitable candidate.
4. Research Rs.8000-275- To Assist the Normally to be filled up by Not Essential: (i) Masters By Selection
Officer (Stats.) 13500/- Statistician in his work promotion on the basis of exceed- Degree in Statistics or
relating to Statistical seniority-cum-merit from ing 35 Mathematics or Economics
analysis and survey. the categories of Superin- years
tendent(S) and Sr. on the (ii) At lease 5 years
Investigator possessing the date of
required qualification and appoint experience of
experience failing which ment. Statistical work in a
by direct recruitment of Age
suitable candidates relaxati
supervisory
possessing required on may capacity in the field
qualification and be of industry, Trade
experience. made
up to and Commerce.
45
years Desirable: Experience of
for sample survey work
depart particularly in relation of
mental Market Research would be
candida desirtable.
tes
 93

Sl. Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
No. Promotion Direct Age Educational qualification Promotion
Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
5. Research Rs.8000-275- To Assist the Normally to be filled up by Not Essential: (i) Masters By Selection
Officer 13500/- Statistician in his work promotion on the basis of exceed- Degree in Statistics or from :
(Economics) relating to Economic seniority-cum-merit from ing 35 Mathematics or Economics
analysis and survey. the categories of Superin- years
tendent(S) and Sr. on the (ii) At lease 5 years
Investigator possessing the date of
required qualification and appoint experience of
experience failing which ment. Statistical work in a
by direct recruitment of Age
suitable candidates relaxati
supervisory
possessing required on may capacity in the field
qualification and be of industry, Trade
experience. made
up to and Commerce.
45
years Desirable: Experience of
for sample survey work
depart particularly in relation of
mental Market Research would be
candida desirtable.
tes
 94
6. Research -do- To assist the Statistician 100% Not exceeding 35 years on Essential
Officer in his work relating to the date of appointment
( Cost study of cost structure Age relaxation upto 45 i.Associate of
Accountants of the Tea Industry and years may be made for the Institute of
compilation of cost of departmental candidate. cost and
production of Tea Works
Industry in India. Accounts or
the Indian
Institute of
Chattered
Accountants
ii.) At least 3
years
experience of
costing work
in a
responsible
position with
particulars
reference to
cost reduction
interfirm
comparisons
and evolution
of Standard
Cost.
 95

Sl. Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
No. Promotion Direct Age Educational qualification Promotion
Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
7. Jt. Controller Rs.8000-275- To be responsible for Normally to be filled up by Not By Selection
of Licensing 13500/- implementation of the promotion except when in exceed- from
policies relating to the opinion of the ing 45 From:
control of export of tea appointing authority years
& tea cultivation in suitable departmental
(i)
India and for issue of candidates are not
Licences and for available W.L.O.(Sout
permits for expsorts of h)
tea and extension of tea (ii) Section
cultivation in India and Officer
fixation of crop basis
etc.
 96
13 Welfare Rs.8000-275- To process all welfare Normally to be filled up by Not exceeding 45 years Essential By
Liaison 13500/- proposals for both promotion except when in Experience in Selection
Officer(North) North and South India, the opinion of the drawing up from:
to render assistance in appointing authority large scale 1.Welfare
the implementation of suitable departmental schemes of Liaison
schemes of the Labour candidates are not social welfare Officer(So
Welfare Committee of available. and uth)
the Board, to do follow implementing 2.Section
up action and them, Officer
correspondence in Exceptional 3.Asstt.Co
respect of Welfare organizing ntroller of
Schemes in North and ability and Licensing
South India, to issue knowledge of
advance intimations to one or more of 4.Selectio
gardens in about the principal n Grade
remittance of stipends local Stenograp
and clearance of all languages her
stipend bills, and to act prevalent in
as Welfare Committee tea areas.
of the Board. Desirable

A degree of a
recognised
University
and/or
Diploma in
Social from a
recognised
Institution.
 97
Publicity Rs.8000-275- As in-charge of the 100% Not exceeding 35 Yrs. Age Essential
Officer 13500/- publication of the Tea relaxation upto 45 Yrs. May
Board periodical and be made for departmental Master’s
allied publicity and candidate Degree in
public relations work English
Literature( at
least high
second class)
with ability to
write with
facility on
matters of
topical interest
particularly
those
connected with
marketing and
promotion.
 98
SCHEDULE

Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
Sl. Promotion Direct Age Educational qualification Promotion
No. Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
19. Supdt.(Dev.) Rs.5500-175- For supervisory duties The posts determined as Not Essential: (i) for posts in Seniority-cum-merit
9000/- either in field or office technical in the respective exceedi the Directorate of Tea from the categories
{ now directorate/Branches shall ng 32 Development, a Bachelor of Inspectors
designated as ordinarily be filled up by years of Science Degree, (Dev.)[Now
Development direct recruitment. If Knowledge of methods of designated as
Officer} departmental candidates cultivation and manufacture Assistant
possessing the required of tea, preferably with Development
qualifications and training in a Tea Research Officer] possessing
experience are available, Station. Experience in a the required
they will be considered for responsible position in tea qualifications and
promotion on the basis of cultivation and or sexperiences and
seniority-cum-merit from manufacture. also Jr. Scientific
amongst suitably qualified Assistant with at
persons. least a minimum
service of 5 years in
that capacity and a
suitable training in a
Tea Research
Station.
31. Sr. Scientific Rs.5500-175- To assist in the Not M.Sc. in Bio-Chemistry or
Assistant 9000/- implementation of 100% exceed- organic Chemistry with 3
research Plans on ing 35 years research experience
Chemistry of Tea and years in plant Chemistry
Tea Technology. involving use of
sophisticated analytical
instruments techniques.
 99
SCHEDULE

Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-
Sl. Promotion Direct Age Educational qualification Promotion marks
No. Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
21. Jr. Scientific Rs.4500-125- To assist in the Not B. Sc. with Honours in
Assistant(Bio- 7000/- implementation of 100% exceed- Chemistry and practical
Chemistry) research Plans on ing 32 experience in work in
Chemistry of Tea and years chemical laboratory.
Tea Technology.
32A Jr. Scientific Rs.4500-125- To assist Project Normally to be filled up by Not Honours Degree in Seniority-cum-
Assistant 7000/- Director in connection promotion, failing which exceed- Chemistry or Biology or merit from
with laboratory studies by direct recruitment ing 32 B.Sc.(Ag.) of a recognized amongst
for scientific work of years University and practical U.D.Clerks
basic research and for experience in laboratory
possessing B. Sc.
routine analytical work work.
as well as experiments degree and
connected with ad-hoc experience in the
enquiries technical line.
nature.
32B Jr. Scientific Rs.4500-125- To assist in the Not B.Sc. (Ag.) with Soil
Assistant(Soil) 7000/- implementation of 100% exceed- Science and practical
research plans in plant ing 32 experience in Soil Analysis
nutrition and soil years
analysis.
35. Jr. Scientific Rs.4500-125- To assist in the Not B.Sc. (Ag.) with experience
Assistant(Farm 7000/- implementation of the exceed- in Agronomy
Management programme of field 100% ing 32 work/B.Sc(Ag) with
experiments; Research years experience in Woil Science
and extention work of work
the Tea Board Research Desirable: Practical
Centre. experience in the methods
of Tea Culture
 100
SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-
Sl. Promotion Direct Age Educational qualification Promotion marks
No. Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10
13 Welfare Rs.8000-275- To process all welfare Normally to Not Essential By Selection from:
Liaison 13500/- proposals for both be filled up exceedi Experience in drawing up 1.Welfare Liaison
Officer(North) North and South India, by ng 45 large scale schemes of Officer(South)
to render assistance in promotion years social welfare and 2.Section Officer
the implementation of except implementing them, 3.Asstt.Controller
schemes of the Labour when in the Exceptional organizing of Licensing
Welfare Committee of opinion of ability and knowledge of
the Board, to do follow the one or more of the principal 4.Selection Grade
up action and appointing local languages prevalent in Stenographer
correspondence in authority tea areas.
respect of Welfare suitable Desirable
Schemes in North and department
South India, to issue al A degree of a recognised
advance intimations to candidates University and/or Diploma
gardens in about are not in Social from a recognised
remittance of stipends available. Institution.
and clearance of all
stipend bills, and to act
as Welfare Committee
of the Board.
Publicity Rs.8000-275- As in-charge of the 100% Not Essential
Officer 13500/- publication of the Tea exceedi
Board periodical and ng 35 Master’s Degree in English
allied publicity and Yrs. Literature( at least high
public relations work Age second class) with ability to
relaxati write with facility on
on upto matters of topical interest
45 Yrs. particularly those connected
May be with marketing and
made promotion.
for
depart
mental
candida
te
 101
SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-
Sl. Promotion Direct Age Educational qualification Promotion marks
No. Recruit- and experience
ment
1 2 3 4 5 6 7 8 9 10

Welfare 6500-200- To scrutinize tea garden Normally to Not Essential By Selection from:
Liaison 10500/- Labour Welfare be filled up exceedi 1) Asstt.Supdts.
Officer(South) Schemes submitted by by ng 45 Experience in drawing up (General Duties)
State Government and promotion Years large scale schemes of 2) Manager ,
other sponsoring except Social Welfare nd Tea Centre
Agencies in South India when in the implementing them:
and to follow up opinion of Exceptional organizing 3)Asstt.Supdt
personally the the ability and knowledge of (Eco.)
implementation of the appointing one or more of the principal
schemes sanctioned by authority local language prevalent in 4)Asstt.Supdt
the Board through suitable tea areas. (T.P.)
direct contracts with department
Senior Officers of State al
Governments as well as candidates
with employees of are not
labour. available
To formulate and
operate Labour Welfare
Schemes in South India
administered directly by
the Board
Grade-I 6500-200- To work with - -
Stenographer 10500/- Chairman/Dy.
Chairman as his P.A.
Special Grade 5500-175- To work as - - -
Stenographer 9000/- Stenographer with
Officers
Supdt.(GD) -do- For supervisory duties 100% Alternatively from
(General either in field or office. Asstt. Accountants
Duties) and
Inspectors(General
Duties)
ASupdt.. -do- For supervisory duties The posts Not Posts in the Directorate of Alternatively from
T.P. & Eco.) in the Dte. of Tea determined exceedi Tea Promotion , a Bachelor Asstt. Accountants
Promotion as technical ng 32 Degree, experience in and
in the years promotion and publicity Inspectors(General
respective work. For the post of Asstt. Duties) possessing
 102
directorate/ Supdt.(Econ.) knowledge of the required
branches marketing and exports. experience and
shall qualification.
ordinarily
be filled up
by direct
recruitment.
. If
department
al
candidates
possessing
the required
qualificatio
ns and
experience
are
available
they will be
considered
for
promotion
one the
basis of
seniority-
cum-merit
from
amongst
suitably
qualified
persons
Security 6500-200- To look after the 100% Not Essential
Officer 10500/- security measures and exceedi
caretaking of the ng 45 Must at least be a
Board’s building years Matriculate or equivalent
but examination and experience
may be in Security and Caretaking
relaxed work in a Government
for Organisation or a reputed
suitable Commercial Firm.
candida
te
 103

SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
Sl. Promotion Direct Age Educational qualification Promotion
No. Recruit- and experience
ment
Senior 5500-175- To supervise the work Ordinarily - Essential -
Investigator 9000 of the Investigator and to be filled A Master’s Degree in
coordinated field study up by direct Statistics or Mathematics &
work. recruitment Economics of a recognised
but if University with knowledge
suitable of statistical work in a
department supervisory capacity.
al
candidates
are
available
their cases
will be
considered
for
promotion.
Accounts 7450-225- Maintenance of Normally to Not Essential By Selection from:
Officer 11500 Accounts relating to be filled up exceedi A Degree of a recognised The category of
receipts and Provident by ng University, Must have Accountants
Fund of the Board. promotion 40years passed the Final possessing
Scrutinizing of except Examination of the Institute requisite
cases/bills relating to when in the of Chattered Accountants ( experience and
the Board’s H.P. opinion of India or London) or SAS qualification.
Scheme, other the Examination held by the
assistance schemes etc. appointing Comptroller and Auditor
compilation of Receipts authority General of India.
and Expenditures suitable Desirable: Experience in a
Accounts and Balance department Government or Semi-Govt.
sheet of the Board , al Office or a reputed
preparation of Budget candidates Commercial Undertaking
Estimates and control are not for at least 5/7 years.
of expenditure available
Asstt. Director 6500-200- As assigned by the Normally 35 Essential
(Hindi) 10500 Board from time to by Direct Years
time including recruitment for Masters Degree of a
translation from Hindi ment by direct recognised University or
to English and vice deputation recruit equivalent in Hindi with
versa ment English as a subject at the
degree level.
 104
Accountant 5500-175- Audit of accountants 100% Not Essential Seniority-cum-
9000 relating to receipts and exceedi merit from
expenditure of the ng 32 Must be a Graduate of a amongst the
Board including its years recognised University in Asstt.Accountant
offices abroad;handling commerce with advance and Cashier with at
of development loans of accountancy and auditing least 3 years
the Board & and with an experience of 5 experience.
maintenance of years in the Accountants &
accounts etc. Audit Department of Govt.
ofr Semi-Govt. Office or a
commercial firm of repute.

SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
Sl. Promotion Direct Age Educational qualification Promotion
No. Recruit- and experience
ment
Inspector(GD) 5000-150- Mainly field duties in 100% - Seniority-cum-
8000 connection with merit from
promotion statistical amongst
investigation, Assistant/UDCs
enforcement of Tea
Estate Control order
etc.
Asstt. 5000-150- Mainly filed duties in 100% Not Essential
Development 8000 connection with the exceedi Must be a Graduate
Officer development work of ng 32 preferably in
the Board years Science/Agriculture of a
recognised University
 105
Investigator 5000-150- Mainly to conduct Ordinarily Essential
8000 Techno-Economic to be filled
Survey and undertake up by direct A degree in statistics or
other economic recruitment, Mathematics or Economics
enquiries as and when but if of a recognised University.
required. suitable
candidates
are
available
their cases,
will be
considered
for
promotion.
Statistical 5000-150- Maintenance of Normally to - Not Essential Seniority-cum-
Asstt. 8000 Statistical data and be filled up exceedi merit from
records by ng 32 An honours degree in amongst the
promotion years Statistics or Mathematics or officials of the
Economics of a recognised following
University with training in categories who
Statistics in a recognised have rendered 5
University or Institution. years of service

1) Head Clerks
2) Cashier
3) U.D. Clerks
4)Accountant
Grade-II 5000-150- To work as 100% Seniority-cum-
Stenographer 8000 Stenographer with Sr. merit from
Officers amongst the Grade-
III Stenographers
who have rendered
5 years of
experience
Library 5500-175- To look after the 100% Not Essential
Information 9000 Library of the Board exceedi A degree of a recognised
Assistant ng 32 University with a Diploma
years in Librarianship
Desirable
Previous experience for
about 2 years.
 106

SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
Sl. Promotion Direct Age Educational qualification Promotion
No. Recruit- and experience
ment
Assistant 5000-150- Handling of Imprest 100% - Seniority-cum-
Accountant 8000 Provident Fund and merit from
other Heads of A/cs., amongst the Head
preparation of pay Bills Clerks of the
and other Accounts, stipulation that the
Vouchers,periodical persons so
Statements of accounts promoted will have
and expenditure etc. to pass a
departmental test
within a period of 6
months from the
date of promotion.

Sr. Scientific 5500-175- To assist in the 100% Not M.Sc. in Bio-Chemistry of -

Asstt.(Bio- 9000 implement of research exceedi organic chemistry with 3
Chemistry) Plans on Chemistry of ng 35 years research experience in
Tea and Tea years plant Chemistry involving
Technology use of sophisticated
analytical
instruments/techniques.
 107
SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
Sl. Promotion Direct Age Educational qualification Promotion
No. Recruit- and experience
ment
Cashier 5000-150- To handle cash and to 100% - 1) By Selection
8000 maintain cash accounts, from the existing
disbursement of salary Asstt. Accountants.
and allowances and OR
payment of other bills 2) By promotion :
and vouchers in the case of
promotion the
same rules will
apply as for
promotion to Asstt.
Accountants post.

Seniority-cum-
merit from
amongst the
U.D.Clerks and
Accountant, Tea
Centre.
Jr. Scientific 4500- To assist Project Normally to be filled up by Not Essential Hons degree in Seniority-cum-
Assistant 125=7000 Director in connection promotion failing which exceedi Chemistry or Biology or merit from
with laboratory studies by direct recruitment ng 32 B.Sc.(Agriculture) of a amongst Sub-
for scientific work of years recognized University and Inspectors and
basic research and for practical experience in U.D.Clerks
routine analytical work laboratory work possessing B.Sc.
as well as experiments Degree and
connected with ad-hoc experience in the
enquiries of technical line
nature.

Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
Sl. Promotion Direct Age Educational qualification Promotion
No. Recruit- and experience
ment
Jr. Scientific 4500-125- To assist in the 100% Not Essential R&P rules
Assistant(Soil) 7000 implementation of exceedi B.Sc.(Agriculture) with soil to be framed
research plans in plant ng 32 science and practical
nutrition and soil years experience in soil analysis
analysis
 108
Jr. 5000-150- As assigned from time Normally to be filled up by Not Bachelor from a recognized Seniority-cum-
Translator(Hin 8000 to time promotion from Jsr. exceedi University with Hindi and Merit
di) Steno.(Hindi) with two ng 30 English as subject. An
years qualifying service in years Hons. Degree in Hindi will
the grade with requisite be preferable. At least three
educational qualification years’ experience of
and experience OR with a translation work from
three years’ minimum English to Hindi and vice
combined experience in versa or teaching experience
the grade of Junior in Hindi in an Educational
Stenographer(Hindi) and Institution.
Hindi Typist with requisite
educational qualification
and experience failing
which by direct
recruitment
Head Clerk Post upgraded in the Scale of Rs 5000-150-8000 and designated as Assistant as per the recommendation of 5th C.P.C.
Jr. Scientific 4500-125- To assist in the 100% Not Essential B.Sc.(Agriculture)
Assistant(Farm 7000 implementation of the exceed with experience in agronomy
Management) programme of field ing 32 work/ B.Sc. (Agriculture)
experiments research years with experience in soil
and extension work of science work
the Tea Board Research
Centre

Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Re-marks
Sl. Promotion Direct Age Educational qualification Promotion
No. Recruit- and experience
ment
Assistant 5000-150- To supervise the work 100% - Seniority cum
8000 of subordinate officials merit from
amongst U.D.
Clerks with
minimum 5 years’
qualifying service
in the cadre.
 109
Upper Rs.4000-100- To deal with cases 100% Seniority cum
Division Clerk 6000 independently and to merit from
put up notes and drafts amongst L.D.
Clerks with
minimum 5 years’
qualifying service
in the cadre.
Grade III Rs.4000-100- To work as 100% Not Must have passed School
Stenographer 6000 Stenographer with exceedi Final/H.S. from any Govt.
Officers ng 25 recognised Board with 80
years words shorthand speed per
minute and 40 words
Typing speed per minute.
Typist 3050-75- As may be assigned 100% Not Essential
3950-80- from time to time exceedi Must have passed School
4590 ng 25 Final from any Govt.
years recognised Board with 40
words Typing speed per
minute.
 110
SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Promotion Re-marks
Sl. Promotion Direct Age Educational qualification and
No. Recruit-ment experience
Jr. Stenographer Rs.4000-100- Taking dictation in Hindi 100% Not Must have passed School
(Hindi) 6000 and typing Hindi work exceedi Final/H.S. from any Govt.
ng 25 recognised Board with 80
years words shorthand speed per
minute and 40 words Typing
speed per minute.
Generator 3050-75- To work as a Generator 100% Not
Operator 3950-80- Operator exceedi
4590 ng 25
years
Comptometer 3050-75- To work as a comptometer 100% Not
Operator 3950-80- operator exceedi
4590 ng 25
years
Head Driver To be supervisory charge 100% On the basis of
of all Drivers & attached seniority-cum-merit
minor repairs of the cars from the Drivers
Electrician 3050-75- To perform the duties of 100% Not A general education with
3950-80- electrical installations and exceedi sufficient experience in the
4590 maintenance of ng 25 electrical lines, should also
transformer and sub- years possess a licence or recognised
station certificate
Driver 3050-75- To drive staff cars & 100% -do- Must possess a driver’s licence
3950-80- Mobile Tea Vans for driving car/heavy vehicle
4590 working experience. Should
have read upto Class-VIII(
Middle School standard.
 111
SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Promotion Re-marks
Sl. Promotion Direct Age Educational qualification and
No. Recruit-ment experience
Building 3050-75- To supervise the 100% By selection from
Supervisor 3950-80- maintenance of the Board Gestetner Operator &
4590 Buidling Jamadfars.
Plumber 3050-75- To perform the duties of 100% Not A general education with
3950-80- plumber in maintaining exceedi sufficient experience in plubing
4590 the building ng 25 work.
years
Sr. Gestetner 3050-75- To supervise the work of 100% _ Seniority-cum-merit
Operator 3950-80- Gestetner operator and from amongst the
4590 responsible for smooth gestetner operator
running of gestetning
room.
Carpenter 2610-60- To attend to carpentry 100% Not Knowledge and experience of
2910-65- work in the Stores for exceedi carpentery
3300-70- preparing packing boxes ng 25
4000/- etc. and to attend minor years
repair works
Mason 2610-60- To attend to the masonary 100% -do- Knowledge and experience of
2910-65- work of the building for cmasonary work.
3300-70- maintenance.
4000/-
Laboratory 2610-60- To help in the Laboratory 100% -do- Matric//H.S. with Science and
Attendent 2910-65- work experience in
3300-70- chemical/Biological
4000/- laboratory..
Selection Grade Post abolished
Duftry
 112
SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Promotion Re-marks
Sl. Promotion Direct Age Educational qualification and
No. Recruit-ment experience
Duftry 2610-60- As may be assigned from 100% On the basis of
2910-65- time to time seniority from the
3300-70- categories of Class –
4000/- IV staff other than
attenders and
sweepers, subject to
their possessing an
elementary
knowledge of
English.
Jamadar 2610-60- -do- 100% Seniority-cum-merit
2910-65- from the categories
3300-70- of Class IV staff
4000/- other than attender
and sweeper.
Gestetner 2610-60- To operate the Gestetner 100% By selection from the
Operator 2910-65- Duplicating and Adrema categories of Duftries
3300-70- Machine and Jamadars.
4000/-
Gardener 2610-60- As may be assigned from 100% Not Some experience in Gardening
2910-65- time to time exceedi
3300-70- ng 25
4000/- years
Selection Grade Post abolished
Attender
Selection Grade Post abolished
Peon
 113
SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Promotion Re-marks
Sl. Promotion Direct Age Educational qualification and
No. Recruit-ment experience
Peon 2550-55-2660- As may be assigned from 100% Not Study upto Class VIII( Middle
60-3200 time to time exceedi School Standard)
ng 25
years
Selection Grade Post abolished
Tea Boy

Tea Boy 2550-55-2660- -do- 100% -do- Study upto Class VIII( Middle
60-3200 School Standard)
Attender 2550-55-2660- To assist demonstrators in 100% -do- -do-
60-3200 preparation of tea and to
do other work of manual
nature.
Selection Grade Post abolished
Durwan
Durwan 2550-55-2660- -do- -do- Study upto Class VIII( Middle
60-3200 School Standard)
Selection Grade Post abolished
Farash
Farash 2550-55-2660- -do- 100% Study upto Class VIII( Middle
60-3200 School Standard)
Building 2550-55-2660- -do- 100% -do- -do-
Cleaner 60-3200
 114
SCHEDULE
Name of post Scale of Pay Duties % of posts to be filled by: For Direct Recruitment Method of Promotion Re-marks
Sl. Promotion Direct Age Educational qualification and
No. Recruitment experience
Selection Grade Post abolished
Sweeper
Sweeper 2550-55-2660- -do- 100% Not Study upto Class VIII ( Middle
60-3200 exceedi School Standard)
ng 25
yrs.
Selection Grade Post abolished
Night
Watchman
Night 2550-55-2660- -do- 100% Not Some experience in watch and
Watchman 60-3200 exceedi ward line
ng 25
yrs.
Selection Grade Post abolished
Mate to Plumber
Mate to Plumber 2550-55-2660- -do- 100% Not Some experience in plumbing
60-3200 exceedi work and suitability
ng 25
yrs
 115
Sl.No Typist-Clerk 3050-75- As may be assigned from 15% 85% Not Essential From the categories of Class
. 3950-80- time to time reservation exceedi IV staff including Duftry,
4590 from ng 25 Pass in School Final Peon, Jamadars, Durwans,
departmental Years or equivalent Farashes, Liftman, Night
candidates examination. Watchman, Tea Boys
subject to a Knowledge of Sweepers and Attenders and
minimum of typewriting with a other holding Class IV posts
one provided minimum speed of 30 provided they have rendered
sufficient w.p.m. Candidates five years continuous service
number of would have to qualify to the Board and are able to
qualified in competitive written qualify in a departmental test
candidates test after which they of pre-school Final Standard in
are may be interviewed. English and Class VIII
forthcoming. standard in Arithmetic
Otherwise Departmental candidates not
treated as possessing Matriculation or
unreserved; equivalent qualification shall
the balance have to undertake written
of unfilled qualifying test of Class VI
post in quota standard to be eligible to
of appear in the selection test.
departmental Should be able to acquire a
candidate in speed of 30 words P.W.M. in
one calendar type writing within a period of
year would 2 years from the date of
not be appointment..
carried Departmental Matriculate s
forward to Class Class IV completed 5
the next year years services will be
and would be appointed as Typist-Clerk on
filled up by the of 5% quota.
direct
recruitment
 116

THE TEA WASTE (CONTROL) ORDER,1959

In exercise of the powers conferred by Prevention of Food Adulteration

Sub-Sections (3) and (5) of Section 30 Act. 1954 (37 of 1954 ) but does
of the Tea Act, hereby makes the not include green tea or green tea
following order, Namely :- stalks.
+(g) ‘Registered Sellers of Tea
1. Short title and commencement Waste’ mean sellers of Tea
:-- (1) This order may be called the Tea Waste not domiciled in India
Waste (Control) order, 1959. and/or citizens of India who have
been registered by Competent
(2) It shall come into force at once. Authority in their countries of
origin indicating detailed
2. Definitions :- In this Order, unless particulars of the manner of
the context otherwise requires. procurement ot tea waste by such
(a) “Act” means the Tea Act, 1953 sellers in their respective
(29 of 1953) countries along with a Certificate
*(aa) “instant tea” means a water - of Registration issued in this
soluble tea powder derived by behalf by such authority.’
dehydration of $(h)” made tea”means tea which
aqueous extract of tea ; conforms to specifications for tea
(b) “Licence” means licence as laid down under the
granted under this Order; Prevention of Food Adulteration
(c) “Licensee” means any person Act,1954(Act 37 of 1954)
holding a licence ;
# (d) “Licensing authority” means *** + 3. Persons including
the Chairman or Deputy manufacturer of tea, exporting,
Chairman, Tea Board or Chief selling, purchasing, storing tea waste
Regional Executive,Coonoor or to obtain licences -- With effect from
Chief Regional Executive such date as may be fixed by the Central
Guwahati of the Board; Govt. by notification in the Official
(e) “Offer for sale” includes an Gazette in this behalf, no person
intimation by a person of a including a manufacturer of tea shall
proposal by him for the sale of export, import, sell, offer for sale, buy
any tea waste made by the from licensed sellers of tea wastes
publication of a price-list or by within India or from registered sellers of
exposing the tea waste for sale or tea wastes beyond the territorial
by communication of the price boundaries of India or hold in stock any
thereof by furnishing a quotation tea waste except under and in
or otherwise howsoever ; and accordance with the terms and
**(f) “tea waste” means tea conditions of a licence granted to him
sweepings, tea fluff, tea fibre or under this Order.
tea stalks or any article
purporting to be tea which does Provided that the Licensing
not conform to the specification Authority may allow sale, buying or
for tea laid down under the holding in stock of any tea waste, which
 117

has not been so denatured specifically 6. Grant or refusal of licence :-

for use as raw material for the (1) The licensing authority may by
manufacture of instant tea’and/orBio- Order, for reasons to be recorded refuse
nutrient and Bio-fertilizer’;# to grant a licence to any applicant and
shall, as soon as possible, serve him with
Provided further that the tea waste a copy of Order.
before it is so exported, sold or held in
stock, shall be denatured by the *(2) Where an application for a
admixture of not less than five per cent, licence is not refused under sub-clause
slack lime or such other denaturants as (1) the Licensing Authority shall grant
may be specified by the Board in this the applicant a licence for any or all of
behalf from time to time. the following purposes, namely :-
(a) to buy tea waste ;
$3A Minimum Volume of tea waste (b) to sell tea waste ;
during manufacture –There shall be a (c) to hold and stock tea waste;
minimum volume of tea waste and (d) to export tea waste.
made tea at the ratio of 2:100 (e) to import tea waste+
kilograms when processed out of tea
leaves ,buds and tender stems of plant *(2A) Every such licence shall be in
Camellia Sinensis (L) O Kuntze. Form B annexed to this Order and be
subjected to the terms and conditions
4. Manner of disposal of tea waste :-- contained therein.
With effect from the date referred to in
Clause 3 @6A. Amendment of Licence :-
no person shall dispose of any tea The Licensing Authority may, of its own
waste except in the following manner, motion or on application by the license,
namely : amend any licence granted under this
Order in such manner as may be
(a) by sale to any person holding a necessary to make such licence conform
licence ; to the provisions of the Act, or this
(b) by exports ; Order or any other law for the time being
***(c) by utilising it in the manufacture in force or to rectify any errors or
of caffeine or instant Tea ; omissions in the licence ;
(d) by destruction, by burning or by
conversion as compost in Provided that when an application
accordance with any procedure laid by the licensee for amendment of the
down under any excise law for the licence is not granted or where the
time being in force. Licensing Authority is of opinion that
the proposed amendment will be
5. Application for Licence :-- prejudicial to the interest of the licensee,
Every person desiring to obtain a licence the licensee shall be given reasonable
shall make an application in duplicate to opportunity of being heard before action
the Licensing authority in Form A under this clause is taken.
annexed to this Order.
7. Period of validity of licence :-
Every licence shall unless previously
 118

cancelled, be in force until the 31st

December next following. Provided that he shall not take a
partner who has been refused a granted
8. Renewal of Licence :- (1) The or renewal of a licence for any serious
licensing authority may, on and material irregularities.
application made to it in
duplicate, renew a licence. **10. Power to cancel or suspend
Every such application and the licence :
certificate of renewal shall be in (1) The Licensing Authority may, after
Form C annexed to this Order. giving the licensee an opportunity of
Every renewed licence shall be being heard.
valid up to the 31st December (i) Cancel the licence : or
next following. (ii) Suspend the licence for a
period not exceeding six months
(2) No application for renewal shall pending enquiry and there after
be refused unless the applicant has been cancel, the licence on any of the
given an opportunity of being heard and following grounds namely :
reasons for such refusal are recorded in (a) That the licence had been
writing. The applicant shall, as soon as obtained by
possible be served with a copy of the misrepresentation as to a
order of refusal. material particular ; or
(b) that any of the provisions
# *8A. Secretary may sign licences :- of this order or any of the
Notwithstanding anything contained terms and conditions of the
in clause 6 or clause 8, any licence licence has been
issued or renewed under this Order contravened ; or
may be signed by the Secretary or any (c) that the licensee has
other officer of the Board duly been convicted of any
authorized in this behalf by the offence for adulteration of
Controller of Licensing or assistant their under the prevention
Director of Tea Development or of Food Adulteration Act,
Deputy Director Tea Development of 1954 (37of 1954) ; or
the Tea Board for and on behalf of the (d) that the licensee has
Licensing Authority. produced or maintained
incorrect accounts,
9. Restriction on transfer of registers, documents or
licence : (1) No person shall transfer knowingly furnished in
any licence granted to him under this correct information.
Order.
(2) Notwithstanding anything (2) Every order suspending or
contained in sub-clause (1), a licence cancelling a licence shall be in writing
may admit any other person or persons and shall specify the reasons for the
as a partner or partners in the business suspension or cancellation and shall be
covered by the licence amended by the communicated to the licence within
Licensing authority accordingly as soon fifteen days of the passing thereof.
as possible.
 119

(3) Where a licence is suspended (b) cancelling a licence

under sub-clause (1), the Licensing
Authority or any Officer of the Board may within sixty days from the date of
authorised in this behalf by the service of the order, appeal to the
Licensing Authority may enter the Central Govt. and the decision of the
premises of the licensee in which the tea Central Govt. shall be final.
waste is stored and sealed the stocks of
tea waste therein, 13. Restriction on possession of
stocks--- (1) No licensee shall at any
(4) A licensee whose licence has time after the expiry of four month from
been suspended shall not purchase or sell the date referred to in clause 3 have in
tea waste during the period of his position any quantity of tea waste
suspension of the licence. exceeding the quality* which may be
fixed from time to time in respect of him
(5) Where, after enquiry --- in this behalf by the licensing authority.
(i) The order of suspension is (2) The licensing authority for the
cancelled, the stocks of tea waste purpose of fixing any quantity of tea
sealed under sub-clause (3) shall be waste under sub-clause (1) shall have
restored to the licensee : or regard to the following factors, namely--
+(i) tea waste sold or exported or
(ii) The licence has been bought or imported by the licensee
cancelled, the Provisions of or utilised by him in the
clause II shall apply to the manufacture of caffeine or instant
disposal of such stocks. tea in the calendar year immediately
proceeding the date of the licence
(6) Where a licence is cancelled or, as the case may be, the date of
under sub-clause (i) the licensee shall renewal thereof.
not be entitled to claim refund of any (ii) such other factors as the
sum paid to the Licensing Authority in licensing authority may consider
respect of the licence. relevant in the circumstances of
the case.
11. Disposal of stocks where
licence is not renewed or is cancelled - 14. Taking of samples -- (1)
- Every person whose application for Any officer of the Board duly authorised
renewal of his licence has been refused by the licensing authority may at all
or whose licence has been cancelled reasonable times take samples of tea
under this Order shall dispose of his waste held in stock by a licensee* or by
stocks to tea waste in accordance with any other person in such manner as may
the preventions of clause 4 within such be prescribed by the licensing authority
time as may be fixed in this behalf by and have them analysed by an analyst
the licensing authority. approved by the licensing authority for
the purpose of ascertaining in the tea
12. Appeal -- Any person waste has been denatured in accordance
aggrieved by an order -- with the second proviso to clause 3.
(a) refusing to grant or renew a
licence, or
 120

(2) Where any sample is taken to keep the same in the safe custody of
under sub-clause (1), its cost calculated the owner of such tea waste, such
at the rate at which such tea waste is authority or officer shall, after sealing
usually sold shall be paid or offered to the stock, make and order to that effect
the person from whom it is taken. in Form D and serve the same on the
owner and the owner shall comply with
15. Maintenance of records-- (1) such order.
The Licensing Authority may issue
directions to any licensee requiring him 17. Checking of accounts--(1) The
to maintain such records of his licensing authority or any officer of the
purchases, sales, exports, contracts or Board specially authorised in writing by
other matters connected with his that authority in this behalf or an officer
undertaking, or business, in tea waste of the Central Excise Department not
and in such form as may be specified in below the rank of Inspector may check
the directions. the accounts or records of tea waste of
any licensee, or check his stocks of tea
(a) Any direction of the nature waste physically for all or any of the
referred to sub-clause (1) may be issued purposes of the Act, or this Order.
generally to all licensees or any class *(2) Where the stocks of tea waste
thereof. are to be checked physically the licensee
shall provide every facility to the officer
16. Power to enter search any or authority concerned, to make the
seize-- (1) The licensing authority or any physical check possible.
officer of the Board specially authorised
in writing by that authority in this behalf **18. Fees for a licence-- The fee
or an officer of the Central Excise payable to the licensing authority for the
Department not below the rank of grant of a licence shall be one hundred
Inspector may enter and search at all rupees and for its renewal fifty rupees.
reasonable times any land, building,
enclosed place, premises, vehicle, vessel, 19. Modes of service of an order
aircraft, conveyance, plant or machinery or direction-- Any order or direction
upon or in which tea waste is processed, made or issued by the licensing authority
stored sorte, manufactured carried or may be served in the
soiled ; and such authority or officer,
having reason to believe that tea waste is following manner, namely--
being processed sorted, stored, carried or (a) in the case of an order of a
sold in contravention of this Order may general nature or affecting a
seize such tea waste. class of persons by notification
(2) The provisions of sections 102 in the Official Gazette.
and 103 of the Code of Criminal (b) in the case of an order
Procedure, 1858, relating to search and directed to a special individual--
seizure shall so far as may be, apply to
searches and seizures under this clause. (1) by delivering or
*(3) Where the Licensing Authority tendering it to that
or any officer of the Board seizes any tea individual ; or
waste under sub-clause (1) and decides
 121

(2) if is cannot be so delivered

or tendered, by affixing it on 20. Breach of Conditions of
the outer door or some other Licence to be Deemed as
conspicuous part of the Contravention of this Order- If any
premises in which that licensee commits any breach of any
individual lives, and a breach of the terms and conditions of the
written report thereof shall licence, he shall be deemed to have
be prepared and witnessed contravened the provisions of this Order.
by two persons living in the
neighbourhood. *21. Power to Exempt-- Where the
licensing authority is satisfied that
***19A. False declaration of tea having regard to the promotion of
waste as tea to be deemed as research or for the utilisation of tea
contravention of this Order- waste for experimental purpose, it is
(1) If a manufacturer makes a necessary or expedient in the public
declaration or attempts to make a interest so to do, it may, for reasons to
declaration that the tea waste held in his be recorded in writing, exempt for a
stock is tea, for the purpose of obtaining period of six months any tea estate,
clearance from the factory under the research organization or any other
Central Excise Rules, 1044, he shall be person, whether a licensee or not, from
deemed to have contravened the any of the provisions of this order.
provisions of the Order.
Provided that where the licensing
(2) Where any officer of the Central authority is satisfied that such exemption
Excise Department responsible for should continue to have effect after the
allowing clearance of tea from the expiry of the period of six months
factory of a manufacturer suspects that aforesaid, it may, from time to time,
the tea produced to be cleared is tea extend the period of such exemption for
waste he shall, before allowing the such period not exceeding six months at
clearance of tea, draw representative a time.
samples there from in the presence of the
manufacturer, divide the same into three
parts and mark and seal or fasten up each N.B. : Forms A,B & C as set out herein
part in such a manner as its nature have been substituted for Forms A,B & C
permits. He shall deliver one of the parts and Form ‘D’ has been inserted as per
to the manufacturer, send another part to notification of the Govt. of India in the
the Tea Board for a finding whether the Ministry International Trade No.G.S.R.235
tea proposed to be cleared is tea or waste [10(14) Plant(A)60] dated 4-2-64.
and retain the third part for production in
case any legal proceedings are taken
against the manufacturer.
 122

New Delhi, the 6th July, 1959.

G.S.R. 799 in pursuance of clause 3 of the Tea Waste (Control) Order 1959, the
Central Govt. hereby fixes the 1st day of October, 1959 as the date for the purposes of the
said clause.

(No.32(8) Plant/54)
P.V. Ramaswamy, Under Secretary

Vide the Gazette of India : July 11, 1959 / As a dt.20, 1881.[ Part II Sec.3(1)].

---------------------
 123

FORM A
Form of application for licence, (See clause 5)
To
The Licensing Authority,
Tea Board,
14, B.T.M. Sarani,
(Brabourne Road),
Calcutta - 700 001.
Application for Licence
1. Name of the Applicant (in block letters) (in case of a partnership concern the names
of all partners should be given)
2. Address :

3. Purpose for which licence is required -- Export, sale, purchase or --

holding in stock of tea waste
4. Quantities of tea waste purchased, sold, held in stock, exported or utilised for
manufacture of caffeine during each of the preceding three calendar years --

Quantity of Tea Waste 19 19 19

kg kg kg
(i) Purchased/accrued/imported+
______________________________________________________________________________________________
(ii) Sold
______________________________________________________________________________________________
(iii) Held in stock
______________________________________________________________________________________________
(iv) Exported
______________________________________________________________________________________________
(v) Utilised for manufacture of caffeine
______________________________________________________________________________________________
5. Quantity of Tea Waste held in stock on the date of application.
______________________________________________________________________________________________
___________________________________________
Kg__________________________________________________
6. Details of the place at which tea waste is proposed to be stored.
______________________________________________________________________________________________
ADDRESS Whether the godown or place of | Whether storage space will be
storage will be kept under lock | utilised for storing tea waste only
7. Whether the application is engaged in buying and selling tea, whether loose or in packets. If the answer is in
the affirmative the address of the place or storage of tea and of the factory where storing, gardening, cleaning or
blending is done should be stated.
I/We hereby declare that if a licence is/are granted to me/us by the Licensing Authority for the above
mentioned purpose in terms of clause 6(2) of the Tea Waste Control Order 1959, I/We shall abide by the terms and
conditions of the licence.

Date................ ______________________
Signature of the applicant

Explanatory Note :- This application should be signed by the proprietor of the business, or in the case of a
firm, by one of the authorised partners ; or in the case of a business of a Hindu undivided family by the Karta of the
family ; or in the case of a company, by the Director, Managing Agent or principal officer managing the business.
 124

FORM --- B
Form of Licence
(See Clause 6)

TEA BAORD
14, B.T.M. Sarani,
(Brabourne Road)
Calcutta - 700 001.
Dated :-

Licence No...............................

Shri/Sarvashri.................................................................of.......................................is/
are hereby authorised to buy, sell, hold in stock, export tea waste under the Tea Waste
(Control) Order, 1959 subject to the terms and conditions of the licence specified, below.

This licence shall remain in force from.................... to the 31st December, 19........
unless previously cancelled and is not transferable.

The place of storage is at............. and the maximum quantity of tea waste which the
licensee may have in his possession at any time is fixed at ...................kg. only.

Date : Chairman, Tea Board

Licensing Authority.
 125

Terms and conditions of license

1. The licensee shall produce his licence for inspection on demand by Licensing
Authority or by any officer of the Tea Board duly authorised by that authority.
2. Within twenty-four hours from the time of booking or despatch whichever is
earlier of each consignment of tea waste by rail, road or steamer and within twenty-four
hours from the time of handling over of each consignment where delivery is made by the
seller of tea waste ex-godown, every licensee (consignor/deliverer of the consignment )
shall send intimation in writing containing the particulars set out below to the local
officer of the Central Excise Department, with a copy to the Tea Board, Calcutta and a
copy to the collector of excise having jurisdiction at the receiving end. A copy of the note
containing the said particulars shall also accompany the consignment.
The particulars are :--
(a) Quantity of tea waste(including weight denaturant mixed ) consigned or
delivered ex-godown ;
(b) Date of booking or despatch of delivery ex-godown ;
(c) Railway, road or steamer receipt number ;
(d) Name, address and licence No. of the consignor (Seller) ;
(e) Name and address of the person to whom delivered and licence No., if any
when delivery is made ex-godown ;
(f) Name, address and licence No. of the consignee (purchaser),

3. The consignor shall mark every package of tea waste with the label “Tea Waste” in
bold letters and give the following particulars on each package ---
(a) Name, address and licence No. of consignor ; and
(b) Name, address and licence No. of consignee,

4. Within twenty four hours from the time of arrival of each consignment of tea waste
at the licensed ; every licensee shall send an intimation in writing containing the
particulars stated below to the Tea Board.
(a) quantity of the denatured tea waste taken delivery of ;
(b) date place and time of taking delivery ;
(c) particulars of transport used for removal of tea waste from the point of
delivery to the godown of the licensee viz, Lorry No..…… Handcart
No.......... etc. or the name of the transport agency employed for the
purpose ;
(d) name address and licence No. of the consignee (Seller) ;
(e) name address and licence No. of the consignee (Purchaser) ;
(f) Location of the godown where the tea waste is stored after receipt or
delivery
(g ) Submit an attested / notarised copy of the Registration Certificate in cases
of Registered Sellers of Tea Waste
 126

F O R M ‘C’
(See Clause 8)

Form of application for renewal of licence under

clause-8 of the Tea Waste (Control) Order, 1959.
(To be sent to the Licensing Authority in duplicate)

To :
The Licensing Authority,
Tea Board,
14, B.T.M. Sarani,
(Brabourne Road),
Calcutta - 700 001.

Sir,
I/We hereby apply for renewal of Licence No.
dated.................….
Full name and address of the applicant
(in block letters)..........................................………………………………………………

(in case of partnership concern, the name of all partners should be given ).

Date..........................
Place......................... Signature of the applicant.

Explanatory Note:- This application should be signed by the proprietor of the business
; or in the case of a firm, by one of the authorised partners ; or in case
of a business of a Hindu Undivided family, by the Karta of the family
; or in the case of a company by a Director, Managing Agent or
principal officer thereof ; or in the case of any other association
of individuals, by the principal officer Managing the business.

Certified that the Licence No................... granted on the ....................... to ...................... under
the Tea Waste (Control) Order, 1959 is hereby renewed untill the 31st December, 19........
unless previously cancelled before that date under the provisions of the Tea Waste (Control)
Order, 1959.

Date...................
Renewal No............................. Chairman
Tea Board
Licensing Authority.
 127

TEA BOARD
“FORM D”
[ See Clause 16 (3) ]

Whereas it appears to me that you have, in contravention ofClause...............................of the

Tea Waste (Control Order 1959. Kept tea waste in premises No....................................

Now therefore, I seize it and hereby direct you to keep in your safe custody the said sealed
stock about ................................. Kilos/bags subject to such order as may subsequently be
issued in relation thereto. The Board do not hold themselves liable for any claim for rent or any
other charges or for any loss you may sustain for the tea waste seized and handed over to you
for safe custody.

Place ___________________ Signature______________________

Date_________________ Designation________________________

_________________________ ___________________________
Witness
1.______________________________________________________
( Name )
_______________________________________________________
( Address )
_________________________ _____________________________
( Signature )
2.______________________________________________________
( Name )
_______________________________________________________
(Address )
_______________________________________________________
( Signature )

Received the original of the above. I have read the contents and agree
to abide by it.

_____________________________________
 128

*Amended as per Govt. of India Notification No. GSR.457 [13012(3)/72 Plant (A) ] dt. 3-4-75 Vide Gazette of India
dt. 12-4-75 [ Part II Sec. 3(1) ].
@ Published as per Notification of the Govt. of India in the Ministry of Commerce & Industry No.GSR. 354 dt.18-
3-59
+ Inserted vide Govt of India, Ministry of Commerce Notification No. GSR 763 (E) Dated 23nd December, 1998
* Amended as per Notification of the Govt. of India in the Ministry of Commerce & Industry No.GSR.848
[40(14)Plant(A)/60]
dt.22-6-61. vide Gazette of India dt. 1-7-61 [ Part II Sec 3 (1)] read with GSR. 1746 dt. 14-12-62.
** Inserted as per Notification of the Govt. of India in the Ministry of Commerce & Industry No.GSR. 507 Part II
Sec -3
Sub-Sec.(1) of the Gazette of India dt.7-4-79.
*** Vide particulars of the Notification GSR.799 dt. 6-7-61 at the end of the page (81) L Viz-- 1-10-50.
**** [ ] * Inserted as per Notification of the Govt. of India in the Ministry of International Trade Notification No.
GSR. 235 [10(14)Plant(A)/60] dt. 4-2-64--Vide Gazette of India dt. 15-2-64 [ Part II Sec.3 (1) ] of the Gazette of India
dt. 7-4-79.
# Vide G.S.R.629(E) dated 31st August 2001

* Inserted as per Notification of Govt. of India Ministry of Commerce & Industry GSR. 507 Part II Sec. 3
(Sub-section (1) of the Gazette of India dt. 7-4-1979.
** Substituted by the Govt. of India Ministry of International Trade Notification No. GSR. 235 [10(14) Plant
(A)/60] dt. 4-2-64--Vide Gazette of India dt. 15-2-64 Part II Sec. 3 (1)].
@ Inserted by Govt. of India Notification No. GSR. 235 [10(14)-Plant (A)/60]dt. 4-2-64--Vide Gazette of India
dt.15-2-64 [Part II Sec.3(1)].
+ Inserted vide Govt of India Ministry of Commerce, Notification No. GSR 763(e) DATED 23rd December, 1998

* Inserted by Govt. of India Notification No. GSR.235 [ 10(14) Plant-A/60 ] dt. 4-2-64 - Vide Gazette of India
dt. 15-2-64 [ Part II Sec. 3 (1) ].
** Substituted by Govt. of India Notification No. GSR. 235 [ 10 (14)- Plant (A)/60 ] dt. 4-2-64 - Vide Gazette of
India Dt. 15-2-64 [ Part II Sec. -3 (1) ] .
# Vide G.S.R.629(E) dated 31st August 2001
* Substituted by Govt. of India Notification No. GSR. 235 [ 10 (14) Plant (A)/60 dt. 4-2-1964 Vide Gazette of India
dt. 15-2-64 [ Part II Sec. 3(1) ].
+ Inserted vide Govt of India Notification No. GSR 763 (E) Dated 23nd December, 1998
* Inserted as per Govt. of India Notification No. G.S.R. 235/10(14) Plant (A)/60 dt. 4-2-1964- Vide Gazette of
India dt. 15-2-64 [ Part II Sec 3 (1) ].
** Amended as per Govt. of India Notification Vide GSR No.1318 dt. 3-11-79 in sub-section (1) of Section 3 of
Part II [K-11012(5)/79- Plant ‘A’ ].
*** Inserted as per Govt. of India Notification No. GSR. 325/10(14) Plant(A)/60 dt. 4-2-1964-Vide Gazette of
India dt. 15-2-64 [Part II, Sec. 3(1)].

+ Inserted vide Govt of India Ministry of Commerce, Notification No. 763(E) dated 23rd Dec. 1998

+ Inserted vide Govt of India Ministry of Commerce, Notification No. 629(E) dated 31st August 2001

$ Inserted vide Govt of India Ministry of Commerce, Notification No. 167(E) dated 5th March 2002

*************
 129

THE TEA WAREHOUSE (LICENSING) ORDER 1989.

In exercise of the powers conferred blending or packaging of tea is

by sub-section (3) and (5) of section 30 down;
of the Tea Act. 1953 (29 of 1953), the i) “Warehouse owner” means a
Central Govt. hereby makes the person who owns a warehouse or
following Order, namely :- who carries on the activities of
storing, blending or packaging of
1. Short title and commencement -- tea by taking lease of a
(1) This order may be called the Tea warehouse.
Warehouses (Licensing) Order, 1989.
(2) It shall come into force on the expiry (2) All the words and expressions used
of ninety days of its publication on the in this order and not defined in the Tea
Official Gazette. Act, 1953 (29 of 1953), shall have the
meaning respectively assigned to them
2. Definitions -- (1) In this Order, in that Act.
unless the context otherwise requires :-
a) “Act” means the Tea Act, 1953 3. Warehouse owners to obtain
(29 of 1953) ; licence -- (1) No warehouse owner shall
b) “Chairman” means the Chairman carry on the activities of storing,
of the Tea Board and includes blending or packaging of tea except
any person exercising, for the under a licence and in accordance with
time being, the powers of the the provisions of this Order ;
Chairman ; @ [ Provided that --
c) “Form” means a form appended (a) The area of applicability of this
to this Order; Order in the cities/towns
d) “Licence” means a licence where public tea auctions are
granted under this Order ; held under licence granted to
e) “Licensee” means a licence the local Auction Organisers
holder of a licence; as per Tea (Marketing)
f) “Licensing Authority” means the Control Order, 1984, shall be
Chairman or within the limits as prescribed
# Deputy Chairman of Tea below ;
Board or Chief Regional (i) Calcutta -- Within a
Executive, Coonoor or Chief distance of 20 Km. of the
Regional Executive, Guwahati Auction Hall.
of the Tea Board ; (ii) Siliguri -- Within a
g) “Tea Board” means the Tea distance of 10 Km. of the
Board established under section 4 Auction Hall.
of the Act ; (iii) Guwahati -- Within a
h) “Warehouse” means a covered distance of 15 Km. of the
shed or godown having a floor Auction Hall.
area measuring not less than 200 (iv) Cochin -- Within a
square metres wherein storing, distance of 10 Km. of the
Auction Hall.
 130

(v) Coonoor -- Within a 5. Grant or refusal of Licence --

distance of 05 Km. of the (1) The Licensing Authority may for
Auction Hall. reasons to be recorded in writing refuse
(vi) Coimbatore -- Within a to grant a licence to any applicant and
distance of 10 Km. of the shall furnish him with a copy of the
Auction Hall. order so passed. (2) Where an
(vii) Amritsar -- Within a application for licence is not refused
distance of 10 Km. of the Auction Hall ] under sub-clause (1), the Licensing
Provided further the Licensing Authority shall grant the applicant a
Authority may, with the prior approval licence Form ‘B’, (3) While granting
of the Central Govt. modify the /refusing licence, the Licensing
aforesaid area of applicability of this Authority may consider, besides other
Order or prescribe area of applicability conditions financial worth of the
under this Order in the case may be new applicant and the past experience of the
auction centre that may be set up in any applicant or its
other city/town in India under the licence proprietor/partners/directors to ensure
as per Tea (Marketing) Control Order, that the applicant will be able to render
1984 ; satisfactory services to its clients/tea
(b) The Licensing Authority may trade.
also keep in view the optimum
warehouse space to be 6. Period of Validity of Licence ---(1)
licensed in each centre A licence issued under this Order, unless
considering the volume of cancelled or suspended earlier, shall
production of tea and its remain valid for a period of three years
movement through the from the date of its issue and may be
licensing centre ; renewed for a further period of one year
(c) No licence shall be required in at a time.
respect of warehouses located
inside the Port area owned by (2) Every application for renewal of
any Port Trust Authority a licence shall be accompanied by the
established under any law for licence which is sought to be renewed
the time being in force ; and shall be made not less than thirty
(d) The Licensing Authority may days before the date of expiry of the
also exempt the warehouse of licence which is sought to be renewed.
road carries storing teas for a
short transit period from the (3) Notwithstanding anything
preview of licensing. contained in clause 5 of clause 6, any
licence issued or renewed under this
4. Application for Licence -- Every Order may be signed by the Secretary to
person desiring to obtain a licence shall the Tea Board *or Controller of
make an application to the Licensing Licensing or Assistant Director of Tea
Authority in Form “A” --. The Licensing Development or Deputy Director of
Authority may call for a additional Tea Development of the Board for and
information and documents which be on behalf of the Licensing Authority.
considered necessary in this regard.
 131

7. Fees for Licence -- Every application (2) Where a licensee intends to sell
for the issue of a licence or renewal or transfer business to another person,
thereof shall be accompanied by the both the licensee and the proposed
following fees, namely : purchaser or the proposed transferee, as
for the issue of a licence --- Rs. the case may be, must obtain prior
1000/- permission of the Licensing Authority
for renewal of a licence --- Rs. and the purchaser/transferee shall obtain
200/- fresh licence in his favour in accordance
with the provisions of this Order.
8. Amendment of Licence -- The (3) If a licensee enters into a
Licensing Authority may, of its won partnership in regard to the business
accord or an application by the licensee, covered by his licence, he shall report
amend any licence granted under this the fact to the Licensing Authority
Order in such manner as may be within thirty days of his entering into
necessary to make such licence confirm such partnership and shall get the licence
to the provisions of the Act or other suitably amended and thereupon the
provisions of this Order or any other law partner as well as the original holder of
for the time being in force or to rectify the licence shall be bound by the
any errors or omissions in the licence : conditions of the licence as amended.
Provided that when an (4) If a partnership is dissolved,
application by the licensee for every person who was a partner
amendment of the licence is not immediately before such dissolution
granted or where the Licensing shall send a report of dissolution to the
Authority is of opinion that the Licensing Authority within thirty days
proposed amendment will be thereof.
prejudicial to the interest of the (5) Every licensee shall produce his
licensee, the licensee shall be licence for inspection on demand by an
given reasonable opportunity of official of the Tea Board duly authorised
being heard before action under by the Licensing Authority in this
this clause is taken. behalf.
(6) Where any licensee intends to
9. Duplicate Licence-- If the Licensing close his business, he shall intimate his
Authority is satisfied that licence issued intention in this behalf to the Licensing
under this Order is defaced, lost, Authority at least one month in advance
destroyed or otherwise rendered unless, of the proposed closure.
the Licensing Authority may, on (7) The warehouse shall confirm to
application made in that behalf and on the following specifications –
payment of a fee of rupees one hundred
issue a duplicate licence. (a) Shall be fit for tea storage ;
(b) The walls and the roof may
10. Conditions of Licence--(1) Every preferably be made of bricks
licence shall be deemed to have been and well plastered, or be made
granted or renewed personally in favour of tins or asbestos, but in any
of the licensee and shall not be case the walls and roof must be
transferable. damp-proof and leak proof ;
 132

(c) The floor shall be of pucca warehouses shall take proper

construction, properly- precaution against entry of
cemented and damp-proof ; water due to sudden heavy
(d) It shall be properly ventilated, rainfall ;
but at the same time protected (m) The workers engaged for
against pests, rodents, birds and manual blending of tea shall
insects ; were clean dresses and shall not
(e) There shall be adequate lighting have contagious disease.
arrangements and electrical (n) The warehouse must have
fittings should be maintained in adequate number of supervisory,
good condition ; clerical staff and workers
(f) There shall be adequate number depending upon the nature of
of gates of appropriate size for business carried out therein and
easy ingress and egress of tea commensurate with the volume
chests ; of business handled.
(g) The entry/exit gates shall have (o) The Warehouse storing teas not
leak-proof covered sheds to belonging to the licensee shall
protect against rain damage at have the following :-
the time of loading/unloading (i) Adequate number of watch-
of tea chests ; and -ward staff ;
(h) The doors and windows shall (ii) Adequate number of weighing
be properly secured for the scales proportionate to the
safety of the stored goods ; volume of business which the
(i) where the warehouse will store warehouse is capable of
teas other than owned by the handling. Such scales in
licensee, there shall be adequate operation shall be maintained
space for parking /manoeuvring properly to ensure correct
of the vehicles carrying teas. reading of weights ;
The approach road shall be (iii) Shall use dumping pads
properly maintained and shall made out of appropriate
have adequate number of fire- materials to avoid damage of
fighting equipments ; tea chests while dropping on
(j) The warehouse shall store the floor ;
only tea and other materials (iv) Shall not stock too high
connected with the storage, which may cause damage to
blending and packaging of tea. the chests and leave enough
Anything which may adversely space between two rows of
affect the quality of tea shall not stacking for smooth
be kept in the warehouse ; movement of workers and
(k) The hygienic condition of the easy identification of chest
surrounding area adjoining the markings ;
warehouse shall be properly (v) There shall be adequate
maintained; space for office, for receiving,
(l) No new construction shall be delivery and sorting of teas, for
undertaken in an area prone to the brokers to draw samples and
water logging. The existing for blending/packaging of tea,
 133

wherever such operations are Board authorised in this behalf by the

applicable. Licensing Authority may enter the
licensed warehouse and seal the stocks
(8) The Licensing Authority shall of tea or tea product stored therein ;
satisfy himself that the person in whose (e) A licensee whose licence has
favour the licence is to be/has been been suspended shall forthwith stop the
granted :- activities of storing, blending or
(a) has the required facilities for packaging of tea in the concerned
ensuring proper blending, warehouse during the period of
packaging or storage of tea ; suspension of the licence.
and (f) Where :-
(b) shall not carry on the business (i) the order of suspension is
in a manner detrimental to the revoked, the stocks of
tea industry. tea/products sealed under
sub-clause (d) shall be
(9) Every licensee shall comply with the restored to the licensee ; or,
directions given by the Licensing (ii) the licence has been
Authority from time to time regarding cancelled, the sealed stocks
the handling of tea by the persons of tea/tea products shall be
engaged in the warehouses. restored to the warehouse
owner with advice to clear
11. Suspension or cancellation of the warehouse of the said
licence -- stocks within such period as
(a) The Licensing Authority may, may be fixed in this behalf by
after giving the holder of a licence an the Licensing Authority.
opportunity of being heard, cancel or
suspend the licence on the ground that 12. Appeal -- Any person aggrieved by
any of the provisions of this Order or an Order of the Licensing Authority
any conditions of the Licence have been under 5 (1) or clause 11 may, within a
contravened ; period of two months from the date of
(b) Every orders suspending or receipt by him of the order, prefer an
cancelling a licence shall be in writing appeal to the Central Govt. and the
and shall specify the reasons for such Central Govt. may, after making such
suspension or cancellation and shall be inquiry as it thinks fit and after giving
communicated to the licensee within the applicant an opportunity of being
fifteen days of the passing of such Order heard, confirm, reverse or modify the
; order.
(c) Where a licence is suspended or
cancelled under this Order, the holder of 13. Maintenance of accounts etc. -- (i)
a licence shall not be entitled to claim The Licensing Authority may issue
from the Tea Board or the Central Govt. directions to any Licensee, --
any compensation or refund of licence (a) to maintain such records of
fee for suspension or cancellation ; the volume of business
(d) Where a licence is suspended carried on by the warehouse
under sub-clause (a), the Licensing ;
Authority or any officer of the Tea
 134

(b) to submit to the Licensing prepared and witnessed by

Authority the returns or two persons living in the
statements in such form and neighbourhood.
containing such information
relating to his business and 15. Power of entry, search and seizure
within such time as may be (i) The Licensing Authority or any
specified in the direction ; officer, of the Tea Board specially
(c) to produce for inspection to authorised by it in writing in this behalf
such officer of the Tea Board may enter and search any warehouse for
as may be authorised in this the purpose of ensuring compliance with
behalf by the Licensing the provisions of the Order and may
Authority such books of seize any tea or product of tea which
accounts and records relating to appears to be stored, blended or
his business as may be packaged in contravention on the
specified in the direction. provisions of this Order.

(ii) Any direction of the nature (ii) Any officer taking action under
referred to in sub-clause (i) may be this clause shall submit a report to the
issued either generally to all Licensing Authority within twenty four
licensees or to any class or hours of taking such action.
category of licensee as the
circumstances may require. (iii) The provisions of the Code of
Criminal Producer, 1973 (2 of 1974),
14. Service of order and directions -- relating to searches and seizures, shall,
Any order or direction made or issued by so far as may be, apply to every search
the Licensing Authority or by any or seizures made under this Order.
authority under this Order shall,--
(a) in the case of an order or (iv) Where the Licensing Authority
direction to the licensees in or any officer of the Tea Board seizes
general or to a class or category any tea or product of tea under sub-
of licensees be notified in the clause (i) and decides to keep the same
Official Gazette, and in safe custody of the owner of the
(b) in the case of an order or warehouse, such authority or officer
direction to a particular licensee, shall, after sealing the stock,
be served on such licensee :- make an order to that effect in Form ‘C’
(i) by delivering or tendering it and serve the same on the owner and the
to that licensee, or owner shall comply with such order.
(ii) where it cannot be so
delivered or tendered, by 16. Breach of conditions of licence to
affixing it on the outer door be deemed contravention of this
or some other conspicuous Order -- If any licensee commits any
part of the premises in which breach of any terms and conditions of
that licensee lives, or carries the licence he shall be deemed to have
on business, or personally contravened the provisions of Order.
works for gain and written
report thereof shall be
 135

17. Repeal and Saving -- Tea

Warehouses (Licensing) Order, 1980 is # Inserted vide notification no: S.O.697 (E)
hereby repealed : dated 23rd July2001
@ Omitted vide notification no: S.O.697 (E)
Provided that any order issued or dated 23rd July2001
any action taken, under the above order, * Inserted vide notification no: S.O.697 (E)
shall be deemed to have been done or dated 23rd July2001
taken under the corresponding
provisions of this Order.
 136

FORM ‘A’
( See Clause 4 )
Application for licence under Clause 3 of the Tea Warehouse (Licensing) Order, 1989.

To,
The Licensing Authority,
Tea Board,
14, B.T.M. Sarani,
Calcutta - 700 001.

Sir,
I/We* apply for licence for carrying on the activities of storing/blending/packaging of tea.
I/We* furnish the necessary particulars below :
(1) Name of the Applicant (in block letters) :
_____________________________________________________________________
(2) 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 ...................................................................................
(a map to the scale to be enclosed)
(5) Whether the warehouse owner holds the warehouse on his own account or on lease
or on permission from the owner
______________________________________________________________________
(6) Nature of business (storing/blending/packaging etc.) to be carried out in the
warehouse ................................................... ..............................................................
(7) Whether the operations stated at (6) above are carried out on his own account on
behalf of other person, and if so, furnish the names and address of the Principal (s).
_________________________________________________________________________
(8) Amount of fees paid .....................................................................................................

2. I/We* have carefully read and understood the Tea Warehouse (Licensing) Order,
1989 and hereby agree to abide by the provisions of the said Order.

Yours faithfully,
(Signature of the applicant(s) )
Place : .....................
Date : ..................

(*Score out the word not applicable)

 137

Note :The application should be signed in the case of a company by a Director or the Secretary or an
authorised agent of the company ; in the case of a partnership firm by one of the partners ; and in
the case of an individual the words ‘Sole Proprietor’ shall be appended after the signature.

FORM ‘B’

(See clause 5)

TEA BOARD

Licence for carrying on the activities of Storing/Blending/Packaging of Tea.

(Not Transferable)

Issued under clause 5 (2) of the Tea Warehouses (Licensing) Order, 1989.

14, Brabourne Road,

(B.T.M. Sarani)
Calcutta -700 001.

Dated ......................

Licence No................

Shri/Sarvashri*
.................................................................................................................….. of
........................................................................................................................…..…………..is/are*
hereby authorised to carry on the business of storing/blending/packaging of tea as a Licensee in
terms of the Tea Warehouse (Licensing) Order, 1989.

This licence is valid upto and including ....................................... 19........ unless

cancelled or suspended before that date under clause 11 of the Tea Warehouses (Licensing)
Order, 1989.

This licence is valid for the warehouse and space mentioned below :--

Warehouse Address Floor area

Chairman,
Tea Board,
Licensing Authority
(*Score out the words not applicable)
 138

FORM ‘C’

( See Clause 14 (iv) )

TEA BOARD

Whereas it appears to me that you have been in contravention of clause .................... of

the Tea Warehouses (Licensing) Order, 1989, carrying on the activities of
storing/blending/packaging or tea in premises
No.____________________________________________________________

Now, therefore, I seize the tea/tea product and hereby direct you to keep in your safe
custody the said sealed stock of about ........................ Kilos/Chests/Bags subject to such order as
may subsequently be issued in relaxation thereto. The Board do not hold themselves liable for
any claim for rent or any other charges or for any loss you may sustain for the tea seized and
handed over to you for safe custody.

Place ......................
Date .......................

Signature......................................

Designation..................................
Witness

1. ________________________________
( Name )
_____________________________________________________________
( Address )
_____________________________________
( Signature )

2. ________________________________
( Name )
_____________________________________________________________
( Address )
_____________________________________
( Signature )

_____________________________________________________________________________
Received the original of the above, I have read the contents and agree to abide by it.
 139

THE GAZETTE OF INDIA

EXTRAORDINARY
PART-II, Section 3, Sub-section (ii)

PUBLISHED BY AUTHORITY

MINISTRY OF COMMERCE & INDUSTRY

DEPARTMENT OF COMMERCE

ORDER

New Delhi, Dated 1st January, 2003

S.O.1 (E) - In exercise of the powers

conferred by sub-sections (3) and (5) (c) “Chairman” means the
of section of 30 of the Tea Act, 1953 Chairman of the Tea Board
(29 of 1953) and in supersession of and includes any person
The Tea (Marketing) Control Order, exercising for the time being
the powers of the Chairman;
1984, except as respect things done
or omitted to have been done before (d) “Calendar Year” means a
such supersession, the Central year starting from 1st day of
Government hereby makes the January and ending on 31st
following Order, namely:- day of December of that year.

1. Short title and Commencement - (1)

This order may be called the Tea (e) “Form” means a form
(Marketing) Control Order, 2003. appended to this Order;
(2) It shall come into force on the
date of its publication in the Official (f) “Licence” means a licence
Gazette. granted under paragraph 12
of this Order;
2. Definitions - In this Order, unless the
context otherwise requires, - (g) “Licensee” means a holder of
a licence granted under this
(a) “Act” means the Tea Act, Order;
1953;
(h) “Licensing Authority” means
(b) “Board” means the Tea the Chairman;
Board established under
section 4 of the Act;
 140

(i) ** “Manufacturer” operative society etc.,

means any persons, including a consignee or
firm, company, commission agent, who
corporate body, co- receives tea by way of
operative society etc., stock transfer from the
who manufactures tea manufacturer, with a
made from the leaves of place of business in tea
Camellia Sinensis (L) O in India, engaged in
Kuntze including green purchasing or
tea and instant tea in a procuring tea either tea
factory, which includes either from public tea
Estate Factories, Bought auctions or directly
Leaf Factories and Co- from manufacturers of
operative Factories , or tea but excludes those
who produces value who buy only instant tea
added products and other value added
commercially known as products of tea viz., tea
tea viz., packet tea, tea bags, packet tea,
bags, flavoured tea and flavoured tea, quick
quick brewing black brewing black tea etc.,
tea; and also excludes the
secondary buyers who
do not source their teas
(j) “Organiser of tea either from auctions or
auction” means any one from manufacturers ;
including any person,
corporate body, co- (n) “Tea leaf” means the leaf
operative society or of the plant Camellia
association, whether Sinensis (L) O. Kuntze
registered or not under and includes tender stems
whose control or auspices and buds of the plant
public auctions of tea Camellia Sinensis (L) O.
take place ; Kuntze;

(k) “Registering authority” (o) “Tea grower” means any

means the Chairman; person, firm, company or
body corporate, or
(l) “Registered cooperative society
manufacturer” means a engaged in cultivation of
manufacturer registered tea plants;
under paragraph 3 of this
Order; (p) “Plantation district”
means a distinct
(m) ** “Buyer” means any geographical area where
person, firm, company, tea plants are cultivated
corporate body, co- on a large scale as
 141

defined and recognised (t) “Green tea” means the

by the Tea Board; variety of manufactured
tea commercially known
(q) “Bought leaf tea factory” as green tea;
means a tea factory which
sources not less than two- (u) “Quick brewing black
thirds of its tea leaf tea” means a product
requirement from other known commercially as
tea growers during any tea, containing not less
calendar year for the than 20% (maximum)
purpose of manufacture extract and/or concentrate
of tea; of tea with not more than
80% (maximum)
(r) ** “Packet tea” means manufactured tea in black
tea packed in unit packs form and conforming to
or containers of type as the Prevention of Food
are ordinarily put up Adulteration Act, 1954
for the purpose of retail specifications used for
sale under a brand brewing tea liquor in hot
name and includes or cold water;
packages known as
‘Jota’ of two packs (v) “Instant tea” means a
packed together in product derived from the
which the net weight of acquous extract of tea, tea
tea contained in the waste and tea leaf and
basic pack unit does not commercially known as
exceed one kilogram instant tea;
and excludes packing of
loose tea in the (w) “Registered buyer”
ordinary course of retail means a buyer registered
business of the retailer. under paragraph 4 of this
Order;
(s) “Tea bag” means packet
containing tea in bags (x) “ Broker” means any
made of filter-paper, person, firm, company,
nylon net and/or any corporate body,
other acceptable material cooperative society etc.,
conforming to engaged in the business
international norms and of brokering in tea
standards, for brewing through the licensed
of tea liquor by direct auction systems and is
immersion of such bag in licensed under paragraphs
hot or cold water, and 10,11,12,14 and 15 of
commercially known as this Order;
tea bag;
 142

(y) “Made Tea” means tea being heard shall also be granted to
which conforms to the applicant.
specifications for the tea
as laid down under the (4) Where an application for
Prevention of Food registration is not refused under sub-
Adulteration Act , 1954 paragraph (3), the registering
(Act 37 of 1954) or any authority shall grant the applicant a
other law for the time certificate of registration within
being in force. fifteen working days from the date of
receipt of the application in Form
‘B’.
3. Registration of manufacturer and/or
producer of tea - (1) No manufacturer shall 4. Registration of buyer of tea -(1)
carry on the activities of manufacturing tea No buyer** shall carry on the
after ninety* days of the publication of this activities of buying tea from any
order in the Official Gazette except under a public tea auction licensed by Tea
valid registration obtained under this Order Board or directly from manufacturer
in respect of each factory owned or
of tea after ninety* days of the
controlled by him:
publication of this order in the
Provided that the Official Gazette except under a valid
manufacturer who has already registration obtained under this
obtained registration under the Order.
provision of Tea (Marketing) Control (2) Every buyer desiring to
Order, 1984 shall be deemed to have obtain Certificate of registration shall make
been registered under the provision an application to the Registering Authority
of this Order and they should in Form ‘C’.
intimate the Tea Board accordingly.
(3) The Registering Authority
. may for reasons to be recorded in writing
refuse to grant registration to an applicant
(2) **Every manufacturer and shall furnish him with a copy of the
desiring to obtain a certificate of Order so passed:
registration shall make an application
to the registering authority in Form Provided that before passing an order
“A”. of refusal, an opportunity of being heard
shall also be granted to the applicant.
(3) The registering authority
may, for reasons to be recorded in (4) Where an application for
writing, refuse to grant a registration registration is not refused under Sub-
to an applicant and shall furnish him paragraph (3), the Registering Authority
shall grant the applicant a Certificate of
with a copy of the order so passed: Registration in Form ‘D’ within seven
working days of receipt of application.
Provided that before passing
an order of refusal, an opportunity of 5. Cancellation/Suspension of
Registration of manufacturer -(1) The
 143

registering authority may, after giving the the norms and standards,
manufacturer an opportunity of being heard, applicable from time to time.
cancel or suspend the registration on any of
the one or more of the following grounds, (g) **If the Registering
namely :- Authority has reason to
believe that the
(a) Closure of business by the manufacturer is indulging
manufacturer; in unfair trade practices
which may adversely affect
(b) Misrepresentation of any the marketing system
material fact by the including the public tea
manufacturers at the time of auction system.
obtaining registration or
subsequently;
(2) Every order suspending/cancelling a
(c) Violation by the registration shall be in writing and shall
manufacturer of any of the specify the reasons for such
provisions of the Act or this suspension/cancellation and shall be
Order; communicated to the registered
manufacturer forthwith or within seven
(d) Failure to carry out any of the working days of the passing of such order.
directions issued by the
registering authority; 6. Cancellation/ Suspension of
registration of Buyer - (1) The Registering
(e) If the Registering Authority Authority may, after giving the buyer an
after causing due enquiry has opportunity of being heard, cancel or
reason to believe that the suspend the Registration on any one or
manufacturer is involved in more of the following grounds, namely :-
the adulteration of tea with
tea waste and/or any matter (a) Closure of the business of
and that the tea does not the buyer:
conform to the specifications
laid down under the (b) Misrepresentation of any
Prevention of Food material fact by buyer at the
Adulteration Act, 1954 or time of obtaining registration
any other law for the time or subsequently;
being in force;
(c) Violation of any of the
(f) If the Registering Authority provisions of the Act or this
has reason to believe that the Order;
factory building, machinery
or equipment or manner of
operation of any tea factory is (d) Failure to carry out any
not of a standard and capacity direction of Registering
conducive to the manufacture Authority;
of made tea conforming to
 144

(e) If the Registering Authority shall maintain records as determined by the

has reason to believe that the Registering Authority from time to time and
buyer is indulging in unfair shall furnish to the officer authorised by
trade practices which may Registering Authority all such information
as the authorised officer may by special or
adversely affect the
general order call for from time to time.
marketing system including
the public tea auction (2) Every licensed broker/organiser of
system. auction shall furnish to the Licensing
Authority any return in the manner as may
be specified and such other information as
(2) Every order suspending/cancelling a the Licensing Authority may by special or
registration shall be in writing and shall general order call for from time to time.
specify the reasons for such
suspension/cancellation and shall be 9. Organiser of Tea Auction to obtain a
communicated to the registered buyer
licence – No organiser of tea auction
forthwith or within seven working days of
the passing of such order.
shall carry on the business of organising,
holding or conducting public tea auctions
under its control or auspices except under a
7. **Filing of Returns : licence obtained in accordance with the
provisions of this Order:
(1) Every registered
manufacturer shall furnish Provided that the organiser of
to the Registering the auction who has already obtained
Authority a monthly return licence under the provisions of the
in Form ‘E’ or such other Tea (Marketing) Control Order, 1984
information as the shall be deemed to have obtained
Registering Authority may, licence under the provisions of this
by special or general order, Order and they shall intimate the Tea
call for from time to time. Board accordingly.

(2) Every registered buyer

shall furnish to the
Registering Authority a 10. Broker in tea Auction to obtain licence
quarterly return in Form - No person shall carry on the business of a
‘F’ or such other broker of tea in public tea auctions except
information as the under a licence obtained in accordance with
Registering Authority the provisions of this Order:
may, by special or
general order, call for Provided that the broker who
from time to time. has already obtained licence under
the provisions of the Tea (Marketing)
Control Order, 1984 shall be deemed
to have obtained licence under the
8. Maintenance of Records – (1) Every provisions of this Order and they
Registered Manufacturer engaged in
purchasing tea leaves from other growers
 145

shall intimate the Tea Board (iii) the names,

accordingly. designations and
addresses of persons
authorised to
authenticate the
11. Application for Licence - Every decisions of such
application for a licence referred to in managing committee;
paragraphs 9 and 10 shall be submitted to (iv) the auction rules, (by
the Licensing Authority in Form ‘G’. whatever name
called), which would
govern the conduct of
12. Grant or Refusal of licence - (1)The such public tea
Licensing Authority may, for reasons to be auctions held under
recorded in writing, refuse to issue a licence its control or
to an applicant and shall furnish him with a auspices;
copy of the order so passed: (v) the names and
addresses of the
Provided that before passing an order brokers associated
of refusal, an opportunity of being heard with such public tea
shall also be granted to the applicant. auctions; and
(vi) such other particulars
(2) Where an application for as the Licensing
licence is not refused under Authority may, from
paragraph 12(1) above, the time to time, call for.
Licensing Authority shall
issue him a licence in Form
‘H’. 13. Issue of direction- (1) The Licensing
Authority at any time during the valid period
(3) Every applicant for a licence of licence may issue directions to the
for carrying on the business organiser of tea auctions/brokers either
of an organiser of public tea individually or collectively :-
auction shall, along with his
application for a licence (a) if the licensing authority
submit to the Licensing has reason to believe that
Authority :- an organiser of tea
auction is indulging in or
(i) the rules (by whatever is likely to indulge in
name called) which malpractices in the
would govern the conduct of or in relation
activities/function of to the public tea auction
the organiser; held under its control or
(ii) the names, addresses auspices or;
of the members of its (b) for improving the
managing committee efficiency of the public
(by whatever name tea auction system or;
called);
 146

(c) to bring about

uniformity in the 15. Renewal of licence - (1) Every
procedure of public tea application for renewal thereof by broker or
auctions held in various organiser of auctions shall be submitted to
parts of the country, the Licensing Authority in Form ‘I’;
(2) The Licensing Authority
and on receipt of such may, on an application made to it and
directions, every organiser of subject to the other provisions of this Order,
tea auction shall carry out renew a licence and issue a certificate in
the directions within a period Form ‘J’;
of thirty days from the date (3) Every application for renewal
of a licence shall be submitted to the
of receipt thereof.
licensing authority not less than thirty days
before the date of expiry of the licence
(2) Notwithstanding any provision except in cases where the licence has been
contained in the rules and regulations issued on or after 1st day of December of
of the licensed organiser, the that calendar year.
directions issued by the Licensing
Authority from time to time shall
supersede such rules and regulations 16. Signing of licence /Registration - Every
with immediate effect or within the licence issued or renewed and every
time as may be specified. certificate of registration granted under this
Order shall be signed by the Licensing
Authority or the Registering Authority, as
(3) The Registering Authority the case may be, or by any officer of the
may from time to time issue Board specifically authorised to do so by the
directions to registered Licensing Authority/Registering Authority.
manufacturers, registered buyers
17. **Fees: Every application for
either individually or collectively on
the issue of a licence or
any matter connected with the
registration or renewal thereof
business which are relevant for
shall be accompanied by fees as
purposes of carrying out the objects
specified below:
of this order and on receipt of such
directions, every registered
For issue of licence
manufacturer/registered buyer shall
Rs.2500/-
carry out the directions within a
For registration
period as specified by the Registering
Rs.2500/-
Authority from time to time.
For renewal of licence
Rs.500/-
14. Period of validity of a licence - A
licence issued under this Order shall, unless Provided that a
cancelled before, expire on the 31st day of manufacturer with more
December of the calendar year. than one manufacturing
unit shall submit separate
 147

application for registration shall bring the matter to the notice of

for each manufacturing the Licensing Authority within fifteen
unit : days of entering into such partnership
and shall get the licence suitably
Provided further that a amended;
buyer having more than
one office or branch shall (3) Where a partnership is
submit only one entered into, all the partners in the firm as
application indicating well as the original licensee shall be bound
addresses of all its offices by the conditions of the licence;
or branches:
(4) If a partnership is dissolved,
every person who is a partner immediately
Provided also that before the date of such dissolution shall send
registration fee of a report of such dissolution to the Licensing
Rs.2,500/- only is to be paid Authority within fifteen days thereof;
by a single applicant
irrespective of the number (5) Every licensee shall produce
of applications submitted his licence for inspection on demand by an
by him for registration; officer of the Board duly authorised by the
Licensing Authority in this behalf;
Provided also that any
manufacturer or buyer or (6) If, during the currency of a
auction organizer or licence, the licensee intends to take any
action which calls for modifications in the
broker who has obtained
particulars furnished in the application on
or applied for a the basis of which the licence for the time
registration or licence being in force has been issued, he shall bring
before the commencement to the notice of the Licensing Authority at
of this Order, would be least fifteen days in advance and get his
entitled to refund of the licence suitably amended and such
amount paid over and amendment to the licence shall be made free
above what is now being of any charge and the amended licence shall
specified under this Order. be valid for the rest of the period covered by
the licence;
18. Conditions of licence- (1) Every licence
issued or renewed under this Order shall be (7) No owner of a warehouse
deemed to have been granted or renewed in licensed under the Tea
favour of the person named therein and no Warehousing (Licensing)
licence shall be sold or otherwise Order, 1989 shall enter into
transferred; any transaction with;
(2) If a licensee enters into (a) a manufacturer/buyer who is
a partnership with regard to the required to be registered
business covered by his licence, he under this Order, but has not
 148

so registered, or whose sale by the organiser

registration has ceased to be of auction;
valid ; or (c ) Misrepresentation of
(b) a broker or organiser of a any material fact by
public tea auction who is the applicant at the
required to obtain a licence time of obtaining
under this Order but has not licence or
done so, or whose licence has subsequently;
ceased to be valid. (d) Violation by the
Licensee of any of
(8) No broker shall enter into any the provisions of the
transaction in tea with any Act or of this Order;
manufacturer/buyer required to be registered (e) Failure to carry out
under this Order but has not so registered, or the direction of
whose registration has ceased to be valid; Licensing Authority
with respect to the
(9) No broker shall participate in rules for conduct of
a public tea auction conducted by or held auction within the
under the control or auspices of an organiser period as specified by
of tea auction who under the provisions of the Licensing
this Order, is required to obtain a licence Authority;
but has not obtained such a licence, or (f) Failure to carry out
whose licence has ceased to be valid; the direction of
(10) No organiser of public tea Licensing Authority
auction shall allow teas from any with respect to the
unregistered manufacturer to be put in rules and regulations
public tea auction held under its control or of the auction
auspices or allow any unlicensed organiser in relation
broker/unregistered buyer to carry on the to its membership,
business of public tea auctions held under its composition of
control or auspices. governing body,
election of members
of governing body,
19. Cancellation/Suspension of a Licence - voting procedure and
(1) The Licensing Authority may, voting rights of the
after giving a licensee (organiser of tea members, financial
auction/broker) an opportunity of being and administrative
heard, cancel or suspend a licence on any matters etc.;
one or more of the following grounds, (g) If the Licensing
namely :- Authority has reason
to believe that the
(a) Closure of business building or
by the broker; equipment or manner
(b) Willful refusal to of operation of any
conduct any auction brokering firm is not
of the standard
 149

conforming to the such period as may be specified in the

guidelines/norms direction, through public tea auctions in
stipulated by the India, held under the control or auspices of
Licensing Authority. organisers of tea auction licensed to do so
under the provisions of this Order:
(2) Every Order
suspending/cancelling a licence shall Provided that such percentage
be in writing and shall specify the is specified by the registering
reasons for such authority with the prior approval of
suspension/cancellation and shall be the Central Government :
communicated to the licensee
forthwith or within seven working ** (Delet ed)
days of the passing of such Order.
(2) Any tea marketed directly by the
20. Maintenance, Submission of accounts, manufacturer in the form of :-
etc. by licensee -The Registering
Authority/Licensing Authority may, from (a) packet tea ;
time to time issue directions to any (b) instant tea ;
registered manufacturer, registered buyer, (c) tea bags ;
licensed organiser of tea auctions, broker as (d) aromatic tea ;
regards:- (e) green tea ;
(f) tea exported directly by
(a) the maintenance of records of manufacturers except tea
production, purchase/sale, sold through auctions
stocks, exports or other abroad;
matters connected with his (g) Quick brewing black tea ;
business which are relevant and
for purposes of carrying out (h) Organic tea;
the objects of this Order;
(b) the form and manner in Shall be excluded while computing
which such records shall be the total production for
maintained ; and purpose of this Paragraph of
(c) the submission for inspection this Order.
to the officer concerned such
books of account relating to 22. Purchase of Tea through public tea
his business as may be auction by Buyer – (1) ** Every
specified in the direction. registered buyer , as specified by a
direction of the Registering Authority,
21. Sale of tea through public auctions – shall, on and from the date of
(1) Every registered manufacturer, as commencement of this Order, buy such
specified by a direction of the Registering percentage of his total purchase of tea, as
Authority, shall, from the date of may be directed from time to time by the
commencement of this Order, sell such Registering Authority in any calendar
percentage as may be specified from time to yea, or such period, as may be specified in
time by the Registering Authority, of tea the direction, through public tea auctions
manufactured by him in a calendar year or in India, held under the control or
 150

auspices of the organizers of tea auctions (b) refusing the issue or renewal
licensed to do so under the provision of of a licence; or
this Order; (c) cancelling/suspending a
licence,
Provided that such percentage is
specified by the Registering may within a period of three months from
Authority with the prior the date of receipt of such Order, appeal to
approval of the Central the Central Government and the Central
Government: Government may, after making such inquiry
as it may think fit, confirm, reverse or
modify such Order within a period of three
(2) Any tea purchased directly by the months from the date of receipt of the
buyer in the form of :- appeal. @@

(a) packet tea ; 25. Constitution of committee on tea

(b) instant tea ; marketing -****
(c) tea bags ;
(d) aromatic tea ; Deleted
(e) green tea ;
(f) Quick brewing black tea ; and 26. Service of orders and directions –
(g) Organic tea; (1) Any order or direction made by
Shall be excluded while computing the Registering Authority or
the total purchase for Licensing Authority under this
purpose of this Paragraph of Order shall either be notified in the
this Order. Official Gazette or be served on
individual/Company or any other
23. Sale of Tea outside public entity viz., organiser of tea
auction - ** Every registered auction, tea broker, manufacturer
manufacturer who sells tea of tea , buyer of tea etc.;
outside the public tea auction
shall do so only to registered (2) In case, an Order or direction is served
buyers or through his own on an individual/Company or any other
retail outlets or branches entity, it shall be by delivering or
tendering it to that individual/Company
directly to consumers or by way
or any other entity;
of direct exports and details of (3) In case, if it can not be so delivered or
such sale shall be intimated to tendered, it shall be by affixing it on the
the Registering Authority outer door or some other conspicuous
through the monthly returns in part of the premises in which that
Form “E”; individual/Company or any other entity,
lives or carries on business or personally
24. Appeal - Any person aggrieved by an works for gain and written report thereof
order :- shall be prepared and witnessed by at
(a) refusing the grant or least two persons living in the
cancelling/suspending of neighbourhood.
registration;
 151

27. Power of Entry etc.- (1)The Registering search, to attend and witness the
Authority, the Licensing Authority or any search.
officer of the Board ***not below the rank
of Assistant Development Officer or (c ) The search shall be made in
Inspector specifically authorised in this their presence, and a list of all the
behalf in writing by the authority, may enter products of tea or related items
and search at any time any land, building, seized in the course of such search
premises or vehicles in which the and of the places in which they are
Registering Authority/ Licensing Authority found shall be prepared by the
has reason to believe that tea is stored, authorized officer and signed by
carried, distributed or sold in contravention such witnesses; but no person
of the provisions of this Order and seize any witnessing a search under this
tea or product of tea which appears to him to paragraph shall be required to
be stored , carried distributed or sold in attend the Court as a witness of
contravention of the provisions of this the search unless specially
Order; summoned by it.

(2) Any officer taking action under this (d) The occupant of the place
clause shall submit a report to the searched, or some person in his
Registering Authority or the Licensing behalf, shall, in every instance, be
Authority, as the case may be, within permitted to attend during the
twenty-four hours of taking such action; search, and a copy of the list
prepared and duly signed by the
(3) ***The following procedure shall said witnesses, shall be delivered to
be adopted relating to search and seizure such occupant or person.
–
28. Adherence to the Standard of Tea by
(a) Any person residing in or manufacturers/buyers – (1) No
being in charge of such place shall manufacturer shall manufacture tea which
allow the duly authorized officer does not conform to specification as laid
on production of the authority down under the Prevention of Food
issued by the Licensing Authority Adulteration Act 1954 as amended from
or Registering Authority, free time to time or any other rules for the time
ingress thereto, and afford all being in force.
reasonable facilities for a search
therein. (2) No buyer shall deal in the buying
and/or selling of tea which does not conform
(b) Before making a search, to specifications for tea as laid down under
such authorized officer shall call the Prevention of Food Adulteration Act
upon two or more independent 1954 as amended from time to time or any
and respectable inhabitants of the other rules for the time being in force.
locality in which the place to be
searched is situated or of any other 29. Drawing of Sample - The Licensing
locality if so such inhabitant of the Authority/Registering Authority may
said locality is available or is authorize an officer of the Board **not
willing to be a witness to the below the rank of Assistant Development
 152

Officer to take any sample of not more than by such manufacturer for the tea leaves
125 grams in weight per set in 3 sets, duly bought by him.
sealed and signed by the said officer and the
representatives of the owner concerned and (3) Registering Authority or any
any other two witnesses ,drawn from any officer of the Board , not below the rank
stock held by the manufacturer/buyer to of Joint Controller of Licensing,
check whether the sample taken conforms to authorized by the Registering Authority
specifications as laid down under the in writing, may direct any broker,
Prevention of Food Adulteration Act 1954 through whom the manufacturer has sold
as amended from time to time or any other any made tea and has delayed the
rules for the time being in force. payment of the reasonable price for tea
leaves as determined in terms of the price
“30. *** Fixation of price sharing sharing formula, to deduct from the sale
formula and its compliance:- proceeds of such sale an amount
equivalent of this reasonable price so
(1) Every registered manufacturer determined for such tea leaves.
engages in purchase of green tea
leaves shall pay to the supplier of (4) Registering Authority or any
officer of the Board, not below the rank of
green leaf a reasonable price
Joint Controller of Licensing, authorized
according to the price sharing by the Registering Authority in writing,
formula as may be specified by the may direct any broker to remit the sum so
Registering Authority, from time to deducted under sub-paragraphs (2) and
time and implemented in a manner as (3) in a manner and to the person as may
determined by the Registering be specified.
Authority, with the prior approval of
the Central Government. (5) The Registering Authority or any
officer of the Board, not below the rank of
For the said purpose, the reasonable Joint Controller of Licensing, authorized
price for tea leaves payable to the by the Registering Authority in writing,
supplier of green leaf according to the may also ensure the compliance of the
price sharing formula shall be determined payment of reasonable price for tea leaves
taking into account the sale proceeds as per sub-paragraphs(1), (2), (3) and
received by the registered manufacturer. (4).”-

(2) Registering Authority or any 31. Delegation of Powers of the

officer of the Board, not below the rank of Registering/Licensing Authority - The
Joint Controller of Licensing, authorized Registering/Licensing Authority may, by
by the Registering Authority in writing, special order, delegate any of his function to
may direct any broker, through whom the one or more officers of the Tea Board, with
manufacturer has sold any made tea, to the prior approval of the Central
deduct from the proceeds of such sale an Government.
amount equivalent to the difference
between the reasonable price of tea leaves
as determined in terms of the price
sharing formula and the actual price paid
 153

(F. No. T-12014/1/2002-Plant(A) S.O.1

**32. Power to relax – With the prior (E) dated 1st January 2003)
approval of Central Government, the (F.No.T-12014/2/2003-Plant (A) S.O.
Registering or Licensing Authority may, 247 (E) dated 27th February 2003)*
on its own or on an application submitted (F.No.T-12014/2/2003-Plant (A)
by a manufacturer or buyer or licensee, if S.O.430(E) dated 10th April 2003)**
satisfied that in enforcing compliance of (F.No.T-12014/2/2003-Plant (A)
any of the provisions of this Order, undue S.O.270(E) dated 27th February
hardship would result to any 2004)***
manufacturer or buyer or licensee, for ( S.O.1170 (E)
reasons to be recorded in writing, relax dated 20th October 2004)****
any of such provision of this Order or
exempt any manufacturer or buyer or
licensee or category of manufacturers or
buyers or licensee from complying with
such provisions of this Order. ADDITIONAL SECRETARY

@@ Vide Notification No. SO 1017 ----------------

(E) dated 15th July 2005.
 154

F O R M – ‘A’
( SEE PARAGRAPH 3(2))

APPLICATION FOR REGISTRATION UNDER PARAGRAPH 3(2)

OF TEA (MARKETING)CONTROL ORDER, 2003.

ORIGINAL /DUPLICATE.

To
The Registering Authority
Tea Board
Kolkata.

Sir,

I/We hereby apply for registration as a manufacturer and/or producer of tea for
purposes of the Tea (Marketing) Control Order, 2003.

Necessary particulars are furnished below:

(a) Name of the applicant (in Block Letters), (in the case of partnership
concern the names of all the partners should be given):
(b) Full address to which correspondence is to be sent.
(c) Names and address of the production units.
(d) State and Plantation district.
(e) Whether the unit processes tea grown in its own gardens.
(f) Whether the unit is a bought leaf factory or a co-operative unit not having
an estate of its own.
(g) Annual capacity for production
(h) If registered as a factory with State Government Registration No. and
Date.
(i) Central Excise Zone and Registration No.
(j) Specify the type of tea produced

a) Packet tea
b) Tea Bags
c) Instant tea
d) Quick Brewing Black tea.
e) any other tea.

Yours faithfully,

Signature of the applicant.

Place:
Date:
 155

F O R M - C

To

The Registering Authority,

Tea Board,
Kolkata.

Sir,

I/We hereby apply for registration as a buyer of tea under paragraph 4 (2) of the
Tea (Marketing) Control Order, 2003

Necessary particulars are furnished below :

i) Name of the applicant (in block letters), (in case of partnership concern
the names of all the partners should be given) :
ii) Address of the Registered Office :
iii) Addresses of branch offices, if any :
iv) Mailing address including telephone/fax/e-mail :
v) Central & State Sales Tax Regn. Nos. :
vi) Whether member of any auction organizer;
If so, Name(s) of the same :

vii) Specify the type of tea :

a) Tea in bulk
b) Packet tea
c) Tea Bags
d) Instant Tea
e) Quick Brewing Black Tea
f) Any other tea.

I/We have carefully read and understood Tea (Marketing) Control Order, 2003
and hereby agree to abide by the provisions of said Order.

Yours faithfully,

Signature of the Applicant

Place :

Date :
 156

F O R M –‘B’

(SEE PARAGRAPH 3(4))

Certificate of registration for carrying on business as Manufacturer

and/or producer of Tea.

NOT transferable.

Issued under paragraph 3 (4) of the Tea ( Marketing ) Control Order , 2003.

14, BIPLABI TRAILOKYA MAHARAJ

SARANI
KOLKATA- 700 001.

Date :

Certificate of Registration
No……………………………………………………………..

Shri/Sarbashri
……………………………………………of…………………………………….

is/are hereby authorised to carry on the business of producer of packet tea/tea bags/instant

tea/flavoured tea/quick brewing black tea/any other tea under the provisions of Tea
(Marketing)

Control Order, 2003.

This certificate shall continue to be valid until cancelled/suspended by the

registering authority under paragraph 5 of the Tea (Marketing) Control Order, 2003.

CHAIRMAN

TEA BOARD

Registering Authority
 157

F O R M - D

Certificate of registration for carrying on business as Buyer of Tea.

Non-transferable.

Issued under paragraph 4 (4) of the Tea (Marketing) Control Order, 2003.

14, Biplabi Trailokya Maharaj Sarani,

Kolkata – 700 001.

Date :

Certificate of Registration No…………………………………………

Shri/Sarbashri……………………………………………………………….
.

of………………………………………………………………. is/are
hereby authorised to carry on the business of buyer of tea in bulk/packet
tea/tea bags/instant tea/quick brewing black tea/any other tea under the
provision of theTea (Marketing) Control Order, 2003.

This certificate shall continue to be valid until cancelled by the

Registering Authority under paragraph 6 of the Tea (Marketing) Control
Order, 2003.

CHAIRMAN
TEA BOARD OF INDIA
REGISTERING AUATHORITY
 158

FORM – E **

(See Paragraph 7(1))

Monthly return to be submitted by the Registered manufacturers other than Instant tea
manufacturers
Return form the month of
………………………………………………………………………

1. Name of the Manufacturing Unit :

2. Address :

3. Name of the Co. owning the Mfg. Unit :

4. Tea Board’s Regn. No. under TMCO. :

5. Plantation District :

6. State :

7. Central Excise Control Code/Regn.No. :

8. Central Excise Zone

:
9. Tea Waste Lic. No. under TWCO :

10. Name of Producer Assocn. Member of

and Membership No., if any. :

11. Whether Estate or Bought-leaf

(including Co-operative) Factory
12. Opening Stock of Made Tea (in Kgs) lying in
the factory premises in loose form as
well as in the form of consumer packs :

Type
Of Tea C.T.C. Orthodox Green Organic Total
Loose
Packets

13. Green leaf particulars (figures in Kgs.)

during the month :

Quantity sourced Quantity purchased Total quantity Quantity used for

from own garden from outside procured manufacture of tea

14. Average leaf price per Kg., paid

for the month (in respect of Bought-leaf):
 159

15. Quantity of teas (in Th.Kgs.) manufactured

during the month (out of total Green Leaves
which is inclusive of garden own leaves as
well as purchased leaves) :
During Month…………. (January to …….. )
C.T.C. Orthodox Green Total C.T.C. Orthodox Green Total

16. Quantity of tea manufactured in consumer packs ( Kgs ) during the month:

During Month…………. (January to …….. )

C.T.C. Orthodox Green Total C.T.C. Orthodox Green Total

17. Particulars of Tea Waste ( figures in Kgs) :

Opening Quantity generated Quantity disposed of Closing balance

balance during the month during the month

18. Excise Duty paid : Rate per Kg Total amount paid

19. Cess paid under Tea Act, 1953. : Rate per Kg Total amount paid

20 Sale of un-denatured Tea Waste ( figures in Kgs ) :

Quantity Date Tea Board Authority, letter Names of the buyers and
sold Number and date their Tea Waste Licence
Number

21 Denaturing of Tea Waste ( figures in Kgs ) :

Quantity Date Tea Board Authority, letter Name and Designation of

denatured Number and date official before whom
performed.

22. Sale of denatured Tea Waste ( figures in Kgs ):

Quantity Date Names of the buyers

sold
 160

23. Conversion of Tea Waste as compost ( figures in Kgs ) :

Quantity Date Tea Board Authority, letter Name and Designation of

Number and date official before whom
performed.

24 Destruction of Tea Waste ( figures in Kgs ) :

Quantity Date Tea Board Authority, letter Name and Designation of

Number and date official before whom
performed.

25. Sales during the month :

(A) Through Auctions :

i.) Quantity Sold

Name of Quantity sold (in Kgs.)

the CTC Orthodox Darjeeling
Auction
Centre

Kolkata
Guwahai
Siliguri
Amritsar
Cochin
Coonoor
Coimbatore
Others
(specify)
TOTAL
 161

ii). Price realized

Name of the Price realized (in Rs./Kgs.)

Auction CTC Orthodox Darjeeling
Centre

Kolkata
Guwahai
Siliguri
Amritswarar
Cochin
Coonoor
Coimbatore
Others
(specify)
TOTAL

(B) Direct Exports :

Type of tea During the month ……………….
Quantity ( in Kgs ) Price realized ( in Rs. Per
Kg )
Loose Tea
Packet Tea
Tea Bags

(C) Marketing outside auction in India :

i) Sales to Registered Buyers
Type of tea During the month ……………….
Quantity ( in Kgs ) Price realized ( in
Rs. Per Kg )
Loose Tea
Packet Tea
Tea Bags
 162

ii) Sales to consumers through own retail outlet

Type of tea During the month ……………….
Quantity ( in Kgs ) Price realized ( in
Rs. Per Kg )
Loose Tea
Packet Tea
Tea Bags

iii) Stock transfer to consignee/commission Agents

Type of tea During the month ……………….
Quantity ( in Kgs ) Reserve/maximum
retail price (in Rs.
Per Kg)
Loose Tea
Packet Tea
Tea Bags

GRAND TOTAL OF QUANTITY SOLD (A+B+C) :____________________________

***& AVERAGE PRICE REALISED IN RS. PER KG OF TEA (A+B+C):___________

D. Gift to employees (In Kgs.)

26. Closing / unsold Stock at the end of the months (In Kgs.):

Type of Tea C.T.C. Orthodox Green Tea Others TOTAL

(Specify)
Loose
Packet
Tea Bags

27. List of Registered Buyers to whom the tea was sold/consigned outside auction during the
month under report.

Name of Address Registration Quantitysold/ Place from Total value

Registered No. tsferred where tea realized (Rs)
Buyer. to buyer (kg) sold/ excluding
transferred. Sales Tax.
 163

DECLARATION

I/We hereby certify that the information including figures given in the above return are
correct and that they can be verified from the records.

Signature
AUTHORISED REPRESENTATIVE.
Place :
Date :
 164

FORM - F
(See Paragraph 7(2))
Return to be submitted by the Registered Buyer
for the period from ……… to ……….

1. Name of the Firm/Company etc. :

2. Address of Regd. Office with Telephone / Fax No/E-mail :

3. Tea Board’s Regn.No. under TMCO,

4. Opening stock of tea (in kgs) lying in the godown at the beginning of the period under
report.*:

(Figures in kgs)
Type C.T.C. Orthodox Darjeeling Green Others Total
of Tea
Loose
Packet
Tea Bags

5. Quantity (in kgs) and Avg. price (Rs/kg) of teas purchased / procured in bulk during the
period under report

a. Purchases from Auction

Type (Figures in kgs.)
of Tea C.T.C Orthodox Darjeeling Green Others Total
Qty. Price Qty. Price Qty. Price Qty. Price Qty Price Qty Price
Leaf
Dust

b. Purchases from sources other than Auction

Type (Figures in kgs.)
of Tea C.T.C Orthodox Darjeeling Green Others Total
Qty. Price Qty. Price Qty. Price Qty. Price Qty Price Qty Price
Leaf
Dust

c. Purchases by way of Imports for domestic sale

Type (Figures in kgs.)
of Tea C.T.C Orthodox Darjeeling Green Others Total
Qty. Price Qty. Price Qty. Price Qty. Price Qty Price Qty Price
Leaf
Dust
 165

d. Procurements from Own Garden / Factory

Type (Figures in kgs.)
of Tea C.T.C Orthodox Darjeeling Green Others Total
Qty. Price Qty. Price Qty. Price Qty. Price Qty Price Qty Price
Leaf
Dust

6. Quantity of tea produced in the form of Packet tea, Tea Bags, Instant tea, Flavoured tea and
Quick Brewing Black tea during the period under report :

Type of Tea During ………………………….

Quantity (in Kgs)
Packet tea
Tea Bags
Instant tea
Flavoured Tea
Quick Brewing Black tea

7. Marketing of Tea during the period under report :

(A) Domestic Sale :

Type of tea During ………………………….
Quantity ( in kgs ) Price realized (
in Rs/Kg )
Loose Tea
Packet Tea
Tea Bags
Instant tea
Flavoured Tea
Quick Brewing Black tea

(B) Export :
Type of tea During ………………………….
Quantity Value (in Unit
(in Kgs) Rs.) Price
(Rs/Kg
)
Loose Tea
Packet Tea
Tea Bags
Instant tea
Flavoured Tea
Quick Brewing Black tea
 166

8. Quantity received by consignee/commission agents by way of stock transfer and

reserve price

(Figures in Kgs.)
CTC Orthodox Darjeeling Green Others Total

9. Consignee/Commisión Agent shall furnish additional information as precribed below:

Name of Type of Quantity Quantity Total value Remarks

The teas CTC, received sold realised
Consignor Leaf/ during the during the excluding
Dust, period period sales tax
Orthodox under under
Leaf/Dust, report report
Darjeeling (kgs)
Leaf/Dust,
Green
 167

DECLARATION

I/We hereby certify that the information including figures given in the above return are
correct and that they can be verified from the records.

Signature

AUTHORISED REPRESENTATIVE.
Place :
Date :

• Shall be submitted for the first time.

In case of Buyer the information should be filled in where ever applicable for him.
 168

FORM–G
( SEE PARAGRAPH 11)

APPLICATION FOR LICENCE UNDER PARAGRAPH 11

OF TEA (MARKETING) CONTROL ORDER, 2003.

ORIGINAL
/DUPLICATE.

To
The Licensing Authority
Tea Board
Kolkata.

Sir,

I/We* hereby apply for a licence to carry on the business in tea as

BROKER INTEA AUCTIONS/ORGANISERS 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 is to be sent) :

3. Nature of Licence is required – licence as : Broker in Tea Auction/Organisers of

Tea Auction :

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, 2003
hereby agree to abide by the provisions of the aid Order.

Yours faithfully,

Signature(s) of the Applicant (s).

Place:
Date:

*Score out the words not applicable.

Note :1 – This application should be signed, in the case of a company, by the Secretary or an
authorised agent of the company and in the case of a partnership concern, by one of the partners
and in the case of individuals, the words ‘Sole Proprietor’ shall be appended after signature.
Note : 2 - The application shall be submitted to the Licensing Authority in Duplicate.
 169

FORM – H

(SEE PARAGRAPH 12 (2) )

Licence for carrying on business as : BROKER IN TEA AUCTIONS/ORGANISERS OF

TEA AUCTIONS.

NOT TRANSFERABLE

ISSUED UNDER CLAUSE 12(2) OF THE TEA (MARKETING) CONTROL

ORDER, 2003.

14, Biplabi Trailokya Maharaj Sarani,

Kolkata – 700 001.

Date :

LICENCE No…………………………………………

Shri/Sarbashri……………………………………………………………….
.

of………………………………………………………………. is/are*
hereby authorised to carry on the business as broker in public tea
auction/organisers of tea auctions in terms of the Tea (Marketing) Control
Order, 2003.

This licence is valid up-to and including 31st December ----------

unless suspended before that date under paragraph 19 of the Tea
(Marketing) Control Order, 2003.

CHAIRMAN
TEA BOARD OF INDIA
REGISTERING AUATHORITY
(*Scored out the words not applicable)
 170

FORM–I
( SEE PARAGRAPH 15 (1))

APPLICATION FOR RENEWAL OF LICENCE UNDER PARAGRAPH 15 (1) OF TEA

(MARKETING) CONTROL ORDER, 2003.

ORIGINAL /DUPLICATE.

To
The Licensing Authority
Tea Board
Kolkata.

Sir,

I/We* hereby apply for a the renewal of my/our* licence as Brokers/Tea Auction Organisers
Licence No…………………dated……………………issued by you.

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 is to be sent) :

3. Nature of Licence is required : BROKER /ORGANISERS OF AUCTIONS :

4. Full address 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, 2003 and
hereby agree to abide by the provisions of the aid Order.

Yours faithfully,

Signature(s) of the Applicant (s).

Place:
Date:

*Strike out whichever is not applicable.

NOTE : to be sent to the 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 a partnership concerns, by one of the authorised partners and
in the case of individuals, the words ‘Sole Proprietor’ shall be appended after signature and in any
other case, should be signed by an authorised person.
 171

FORM – J

(SEE PARAGRAPH 15 (2))

CERTIFICATE OF RENEWAL OF LICENCE

TEA BOARD

14, BIPLABI TRAILOKYA MAHARAJ SARANI,

KOLKATA – 700 001.

Certified that the licence No. ……………………………………. Issued on

………………… to………………………………… carry on the business in tea as a

Broker/Organisers of Auctions in terms of Tea (Marketing) Control Order, 2003 is hereby

renewed until 31st December………………….unless previously suspended before the date

under the paragraph 19 of the Tea (Marketing) Control Order, 2003.

Licensing Authority

Date :

Place :

Note :

* Amended vide Notification No. S.O.247 (E) dated 28th February, 2003.

** Amended vide Notification No. S.O.430 (E) dated 10th April, 2003.

*** Amended vide Notification S.O.270 (E) dated 27th February, 2004.
**** Amended vide Notification S.O.1170 (E) dated 20th October 2004
 172

[PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART

II, SECTION-3, SUB-SECTION (ii)]

Government of India
Ministry of Commerce and Industry
(Department of Commerce)
*****
ORDER
New Delhi, the 1st April, 2005.
S.O 486(E).- In exercise of the
powers conferred by sub-sections (3) 2. Definitions: - In this Order, unless
and (5) of section 30 of the Tea Act, the context otherwise requires –
1953 (29 of 1953), and in
supersession of The Tea (Distribution (a) “Act” means the Tea Act, 1953
and Export) Control Order 1957, (29 of 1953);
except as respect things done or
omitted to have been done before (b) “business licence” means a
such supersession, the Central business licence granted under
Government hereby makes the this Order;
following Order, namely,
(c) “Certificate” means a
1. Short Title and Certificate of Origin issued by
Commencement.- an officer of the Tea Board or
any agency authorized in this
(1) This Order may be called the behalf by the Chairman, Tea
Tea (Distribution and Export) Board, showing the origin of
Control Order, 2005. tea, as per provisions of this
Order;
(2) It shall come into force, on the
date of its publication in the (d) “Chairman” means the
Official Gazette, (except Chairman of the Tea Board
paragraph 8, paragraph 11 and and includes any person
clause (d), (e) and (f) of exercising for the time being
paragraph 21 which shall the powers of the Chairman ;
come into force on the expiry
of sixty days on and from the (e) “distributor” means a person,
date of its said publication and firm, company, corporate
paragraph 22 which shall body, co-operative society,
come into force on expiry of engaged in the business of
thirty days of said distribution of imported tea
publication).
 173

at the first point of such teas as originating, or

distribution of such tea; manufactured in the territory
of India, where a given
(f) “export” with its quality, reputation or other
grammatical variations and characteristics of such teas is
cognate expressions, means essentially attributable to its
to take out of India to a place geographical origin;
outside India;
(k) “green tea” means the
(g) “exporter” means a person, variety of manufactured tea
firm, company, corporate commercially known as
body, co-operative society, green tea;
engaged in the business of
export of tea including (l) “import” with its
export of imported tea grammatical variations and
outside India; cognate expressions,
means to bring into India
(h) “flavoured tea” means tea from a place outside India;
added with natural flavour
and natural flavoring (m) “inspection agency” means
substances which are flavour any agency authorized by
preparation and single the Licensing Authority to
substance respectively, carry out inspection in
acceptable for human respect of tea;
consumption, obtained
exclusively by physical (n) “instant tea” means dried
process from materials of water dispersible solids
plant origin either in the obtained by aqueous
natural state or after extraction by an acceptable
processing for human process of the leaves, buds,
consumption provided the and stems and of materials
tea used in the manufacture derived therefrom, of those
of flavoured tea shall varieties of species
conform to the specifications Camellia sinensis (L) O
for tea as indicated in sub- Kuntze exclusively which
paragraph (v); are known to be suitable for
making tea for consumption
(i) “Form” means any form as a beverage, and the
appended to this Order; residue, if any of permitted
process aids including tea
(j) “Geographical Indication” in waste;
relation to tea means an
indication which identifies
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(o) “licensed brokers and business licence, as per

organizer of tea auction” sub- paragraph (3) of
means tea broker and paragraph 8 of this Order;
organizer of tea auction
licensed by the Tea Board (u) “quick brewing black tea”
under the Tea (Marketing) means a product known
Control Order, 2003; commercially as tea,
containing not less than
(p) “licensee” means a holder 20% (maximum) extract
of a business licence granted and/or concentrate of tea
under this Order; with not more than 80%
(maximum)
(q) “Licensing Authority” manufactured tea in black
means the Chairman; form and conforming to
the Prevention of Food
(r) “Non-Preferential Adulteration Act, 1954
Certificate of Origin” specifications used for
means Certificate of Origin brewing tea liquor in hot
evidencing the origin of or cold water;
goods, which do not
bestow any right to (v) “tea” means any product
preferential tariffs as manufactured from the
indicated in the Foreign leaves of Camellia
Trade Policy of the Central sinensis (L) O Kuntze
Government from time to including green tea,
time; instant tea and value-
added products,
(s) “packet tea” means tea commercially known as
packed in unit packs or tea, namely, packet tea,
containers of type as are tea bags, flavoured tea,
ordinarily put up for the quick brewing black tea
purpose of retail sale and ready to drink tea
under a brand name; (RTD) conforming to the
following specifications
(t) “permanent business of black tea, green tea,
licence” means a business Kangra tea, as the case
licence which has been may be:-
converted into a permanent
 175

PARAMETERS Green tea Black tea Kangra tea Instant

Tea
Total Ash, per cent by Between Between Between Max
mass 4.0% and 4.0% and 4.5% to 20.0%
8.0% 8.0% 9.0%
Acid Insoluble Ash, per Max 1.0% Max.1.0% Max. 1.2%
cent by mass. ----
Alkalinity of Water Between Between Between
Soluble Ash (as K20) per 1.0% and 1.0% and 1.0% and ----
cent by mass. 2.2% 2.2% 2.2%
Water Soluble Ash of Min. Min.40.0% Min. 34.0%
total ash per cent by mass 40.0% -----
Water Soluble Extract per Min. Min. 32.0% Min. 23.0%
cent by mass 32.0% -----
Crude Fibre Content per Max. Max.17.0% Max. 18.5%
cent by mass 17.0%
Total catechins per cent by Min. 9.0% - -
mass
Moisture content % (m/m) - - -
Max 6.0%
Additional Requirements – Metallic Contaminants
Lead mg/kg. max 10.0 10.0 10.0
Copper, mg/kg.max 150.0 150.0 150.0
Additional Requirements – Pesticide Residues MRL (ppm)
Ethion 50% EC, 5.0 5.0 5.0
(maximum)
Quinalphos 41%S.L 0.01 0.01 0.01
(maximum)
Dicofol, (maximum) 5.0 5.0 5.0
Glyphosate (maximum) 1.0 1.0 1.0
Fenzaquin (maximum) 3.0 3.0 3.0
Additional Requirements – Mycotoxins
Aflatoxin (mg/kg) 0.03 0.03 0.03

(w) “tea bag” means packet tea liquor by direct

containing tea in bags made immersion of such bag in hot
of filter-paper, nylon net or cold water, and
and/or any other acceptable commercially known as tea
material conforming to bag;
international norms and
standards, for brewing of
 176

(x) “Tea Board” means the Tea (a) by or on behalf of the

Board established under section 4 Central Government or the
of the Act; Tea Board;
(b) by means of a postal
(y) “Tea (Marketing) Control parcel;
Order” means the Tea (c) as personal effects of
(Marketing) Control Order, passengers;
2003, notified under section (d) for any non-commercial
30 of the Act; purposes;
(e) as samples to foreign
(z) “Tea (Waste) Control Order” buyers;
means the Tea (Waste)
Control Order, 1959, notified 4. Application for business licence
under section 30 of the Act. or permanent business licence – (1)
Every exporter and every distributor
(za) All other words and desiring to obtain a business licence
expressions used under this shall make an application in duplicate
Order but not defined shall to the Licensing Authority in Form
have the same meanings, A.
respectively assigned to them
in the Act and the Rules made (2) Every licensee, being an exporter,
thereunder. desiring to convert his business
licence into a permanent business
3. Distributors and Exporters to licence shall make an application,
obtain business licence - No three months before the expiry of the
distributor shall carry on the business validity of a business licence, in
of distributing imported tea and no duplicate to the Licensing Authority
exporter shall export tea or export in Form B.
imported tea except under a business
licence obtained in accordance with 5. Application for Certificate of
the provisions of this Order: Origin for teas designated as
Geographical Indication- Every
Provided that where an agent has applicant desiring to obtain a
taken out a business licence, his Certificate of Origin in respect of teas
overseas principals shall not be proposed to be exported or
required to take out a separate distributed by him, which has been
business licence as exporters under produced and manufactured in any
this Order: tea producing areas in India and
designated as Geographical
Provided further that no business Indication under the Geographical
licence shall be required for tea Indications of Goods (Registration
exported:- and Protection) Act 1999 (48 of
1999), shall make an application in
 177

duplicate to the Licensing Authority conforms to the origin requirement

in Form C. under any one of the following
conditions:
6. Application for Non-Preferential
Certificate of Origin- Every (a) tea wholly produced or
exporter desiring to obtain a Non- obtained in India as
Preferential Certificate of Origin in defined in sub-
respect of each consignment of tea paragraph (2) of this
exports shall make an application in paragraph ;
Form D in duplicate to the Licensing
Authority or to any officer of the or
Board or to any inspection agency (b) tea not wholly produced
duly authorised/approved by the or obtained in India
Licensing Authority: provided that the said
tea is eligible under
Provided that in case, such Certificate sub-paragraph (3) of
of Origin is not required by the this paragraph.
foreign buyer, the exporter shall
submit to the Licensing Authority a (2) Wholly produced or obtained :-
document issued by the importer to Within the meaning of clause (a) of
this effect before the shipment of tea. sub-paragraph (1) of this paragraph,
tea shall be considered as wholly
7. Non-Preferential Rules of produced or obtained in India if the
origin- Every exporter, desiring to said tea is manufactured from the
obtain a Non-Preferential Certificate leaves of Camellia Sinensis (L) O
of Origin shall, prior to export, ensure Kuntze grown only in India.
conformity with the following rules
of origin of teas meant for export and (3) Not wholly produced or
shall submit a declaration along with obtained :-Within the meaning of
documents as specified in the notes clause (b) of sub-paragraph (1) of this
attached to the Certificate of Origin paragraph, tea shall be considered as
as indicated in Form E: not wholly produced or obtained in
India if any portion of the said tea has
(1) Any exporter of tea from India been manufactured from the leaves of
shall be eligible for obtaining a Camellia Sinensis (L) O Kuntze
Certificate of Origin from the grown outside the geographical limits
Licensing Authority, or from any of India, but the final process of
officer of the Board, not below the manufacture or production, including
rank of Joint Controller of Licensing, mixing (blending), has been
duly authorized by the Licensing performed within India.
Authority, or from any inspection
agency duly approved by the 8. Grant and refusal of business
Licensing Authority, if such tea licence/permanent business licence
 178

to exporters- (1) The Licensing (4) The Licensing Authority may

Authority may, for sufficient reasons refuse to grant a permanent business
to be recorded in writing, refuse to licence to any applicant and shall
grant a business licence to any furnish him with a copy of the order
applicant and shall furnish him with a so passed:
copy of the order so passed:
Provided that before passing an order
Provided that before passing an order of refusal, an opportunity of being
of refusal, an opportunity of being heard shall be granted to the
heard shall be granted to the applicant.
applicant.
(5) Where an application for
(2) Where an application for permanent business licence is not
business licence is not refused under refused under sub-paragraph 4, the
sub-paragraph (1), the Licensing Licensing Authority shall grant the
Authority shall grant the applicant a applicant a permanent business
business licence in Form F. licence in form G.

(3) The Licensing Authority may, on 9. Grant and refusal of business

receipt of application made to it licence to distributor- (1) The
under sub-paragraph (2) of paragraph Licensing Authority may, for
4, convert a business licence issued sufficient reasons to be recorded in
into a permanent business licence if: writing, refuse to grant a business
licence to any applicant and shall
(a) the business licensee is furnish him with a copy of the order
an exporter; so passed:

(b) such business licensee Provided that before passing an order

has not violated any of refusal, an opportunity of being
provisions of the Tea heard shall be granted to the
Act, 1953 or Tea Rules, applicant.
1954 or Tea Board Bye-
Laws, 1955 or any Order (2) Where an application for
made under the Act; and business licence is not refused under
sub-paragraph (1), the Licensing
(c) the volume of export of Authority shall grant the applicant a
tea by the exporter business licence in form H.
holding the valid
business license during 10. Grant and refusal of Certificate
the last three years was of Origin for teas designated as
not less than 1,00,000 Geographical Indications- (1) The
kgs annually. Licensing Authority or any officer of
the Board not below the rank of Joint
 179

Controller of Licensing duly Provided that before passing an order

authorized by the Licensing of refusal, an opportunity of being
Authority may, for sufficient reasons heard shall be granted to the
to be recorded in writing, refuse to applicant.
grant a Certificate of Origin to any
applicant and shall furnish him with a (2) Where an issue of Certificate of
copy of the order so passed: Origin in respect of any export
consignment is not refused under sub
Provided that before passing an order paragraph (1) , the Licensing
of refusal, an opportunity of being Authority or any officer of the Board
heard shall be granted to the not below the rank of Joint Controller
applicant. of Licensing, or any inspection
agency duly approved by the
(2) Where an application for Licensing Authority, after being
Certificate of Origin is not refused satisfied that the application is in
under sub paragraph (1), the conformity with the rules of origin as
Licensing Authority or any officer of per paragraph 7 and contractual
the Board not below the rank of Joint obligation which the exporter has
Controller of Licensing duly with an importer of such tea, may
authorized by the Licensing issue a Certificate of Origin of tea to
Authority after being satisfied that the exporter in respect of the
the application is in conformity with consignment in Form E:
the requirement as laid down under
paragraph 5 and contractual Provided that whenever the approved
obligations which the applicant has inspection agency issues a Certificate
with an importer of such tea, may of Origin to any business licensee, a
issue a Certificate of Origin of tea to duplicate copy of the same along with
the applicant in Form I. all other supporting documents shall
be furnished to the Licensing
11. Grant and refusal of Non- Authority or to any other Officer of
Preferential Certificate of Origin- the Board, duly authorized by
(1) The Licensing Authority or any Licensing Authority in this regard, by
officer of the Board not below the the said inspection agency within
rank of Joint Controller of Licensing twenty-four hours from the time of
duly authorized by the Licensing issue of such Certificate of Origin.
Authority, or any inspection agency
duly approved by the Licensing 12. Period of validity of business
Authority may, for reasons to be licence- (1) Every business licence
recorded in writing, refuse to grant a for an exporter shall be valid for a
Certificate of Origin to any exporter period of three years from the date of
and shall furnish him with the copy its issue and every business licence
of the order so passed. once renewed shall also remain valid
for a further period of three years
 180

from the date of its renewal unless

the business licence is cancelled or (3) In case of refusal by the Licensing
suspended during the validity period. Authority to convert a business
licence into a permanent business
(2) Every permanent business licence licence, as per sub-paragraph (4) of
for an exporter shall remain valid paragraph 8, the exporter may apply
unless subsequently cancelled or to renew his business licence in Form
suspended. J.

(3) Every business licence for a 15. Signing of business licence or

distributor shall remain valid unless permanent business licence-
subsequently cancelled or suspended. Notwithstanding anything contained
in paragraph 8 or paragraph 14, any
13. Period of validity of business licence issued or renewed
Certificate of Origin – (1) The under this Order may be signed by
Certificate of Origin issued under the Secretary or by any other officer,
sub-paragraph (2) of paragraph 10 not below the rank of Controller of
and under sub-paragraph (2) of Licensing of the Tea Board for and
paragraph 11 shall be valid only in on behalf of the Licensing Authority
respect of the consignment of tea to and duly authorized by him in this
be exported. regard.

(2) Notwithstanding the above, any 16. Signing of Certificate of Origin-

Certificate of Origin shall be valid till Notwithstanding anything contained
the expiry of validity of the in paragraph 10 or paragraph 11 or
exporter’s business licence or sixty paragraph 13 above, any Certificate
days, whichever is earlier. of Origin issued under this Order may
be signed by the Secretary or by any
14. Renewal of business licence- officer of the Board not below the
(1) The Licensing Authority may, on rank of Joint Controller of Licensing
an application made to it in duplicate, duly authorized by the Licensing
renew a business licence. Every such Authority or by any inspection
application for renewal shall be agency duly approved by the
submitted in Form J and renewal Licensing Authority.
thereof shall be granted by the
Licensing Authority in Form K. 17. Fee- Every application for the
grant of a business licence or renewal
(2) Every licensee being an exporter, thereof shall be accompanied by the
whose business licence has been following fees (payable in
converted into a permanent business cash/demand draft), namely-
licence under sub-paragraph (5) of
paragraph 8, shall not be required to Fees for exporters:
renew his business licence.
 181

(a) First issue with a validity period shall be bound by the conditions of
of 3 years and subsequent that business licence.
renewal with a validity period of
3 years - Rs.1000/-; (5) If a partnership is dissolved, every
(b) For conversion into a permanent person who was a partner
business licence - Rs.2500/-. immediately before such dissolution
shall send a report of the dissolution
Fees for Distributors: to the Licensing Authority within
thirty days thereof.
For business licence not required to
be renewed - Rs.2500/-. (6) Every business licensee shall
produce his business licence for
Fees for Certificate of Origin - inspection on demand by an officer of
Rs.100/- the Tea Board duly authorised by the
Licensing Authority in this behalf.
18. Conditions of business licence -
(1) Every business licence shall be (7) If during the currency of a
deemed to have been granted or business licence, the business
renewed personally to the business licensee intends to take any action
licensee and no business licence shall which calls for modifications in the
be sold or otherwise transferred. particulars furnished in the
application on the basis of which the
(2) Where a business licensee sells business licence for the time being in
or otherwise transfers his business to force has been issued, he shall
another person, the purchaser or intimate his intention to the Licensing
transferee, as the case may be, shall Authority at least fifteen days in
obtain a fresh business licence in advance and get his business licence
accordance with the provision of this suitably amended. The amendment
Order. shall be made free of fee and the
amended business licence shall be
(3) If a business licensee enters into valid for the residue of the period
a partnership in regard to the business covered by the original business
covered by his business licence, he licence.
shall report the fact to the Licensing
Authority within thirty days of the (8) Every business licensee shall
entering into such partnership and carry out the direction of the
shall get the business licence suitably Licensing Authority within a
amended. period as specified by the Licensing
Authority.
(4) Where a partnership is entered
into, the partner as well as the 19. Business licensees to comply
original holder of the business licence with certain requirements in
regard to packing, etc.- Every
 182

business licensee shall, in regard to

the packing and marking of (iii) where such container
containers of tea, comply with the contains not more than
following requirements, namely:- 20 kg., net or such
other weight as to make
(a) every container in which tea is it ‘package tea’ for the
packed shall bear such purpose of the Central
particulars as may Excise Act, 1944 (1 of
from time to time be specified 1944) and rules made
by the Licensing Authority ; there under;
(b) every container shall be so
packed and sealed that the (d) tea in bulk packed for export
contents thereof cannot be shall be in tea chests of sizes :
tampered with except by 40x50x60 cms. or 40x40x50
making a visible opening in the cms. or 40x40x60 cms.or
container; 48x48x60 cms;
(c) all plywood panels, battens
covers, fittings, linings and (e) tea in bulk packed for export
nails used in a container of tea may be in multiwall paper
in bulk packed for export shall sacks as per specifications of
conform to the specification Bureau of Indian Standards
laid down by the Indian (BIS):
Standards Institution and all
these components except nails Provided that nothing
shall bear the ISI certification contained in this sub-
mark: paragraph will apply to the
specifications and sizes
Provided that nothing agreed upon by the exporter
contained in this paragraph and the foreign buyer;
shall apply to any of the
following:- (f) an exporter shall not export
any tea in bulk if it is
(i) where such container packed in a container not
even though made of conforming to the
plywood conforms to requirements of clause (c)
special specifications as and the person or the
to sizes, as notified by company packing such tea
the Tea Board or as shall state on the container
required by the buyers; and the connected
documents that the same are
(ii) where such container is of non- standard packing.
made of timber and not
of plywood shooks; and
 183

20. Certain provisions of

paragraph 19 not to apply- 2. Tea shall be deemed to be
Nothing contained in clause (b) and adulterated if,-
(c) of paragraph 19 shall apply to the (a) such tea is not of nature or
export of such consignments of tea in substance which it purports
bulk in containers made of packing or is represented to be;
materials (other than plywood) as (b) such tea contains any other
agreed upon by the exporter and the substance which affects
foreign buyer. injuriously the nature,
substance or quality thereof;
21. Restriction on distribution and (c) any inferior or cheaper
export of tea – No exporter or substance has been
distributor shall himself or by any substituted wholly or in part
other person on his behalf, export tea for such tea so as to affect
or export imported tea : injuriously the nature,
(a) which is not packed and substance or quality thereof;
marked in the manner laid (d) such tea contains any
down in this Order; or poisonous or other ingredient
(b) which is adulterated; or which renders it injurious to
(c) the label or container whereof health.
bears any statement which
makes false claim for such tea 3. Value Addition for this purpose
or which is false or misleading shall be :
in any material particular; or
(d) which is not in conformity V.A = 100 x (A-B)/B where
with the specifications for tea
given in clause (v) of V.A. stands for Value Addition
paragraph 2; A stands for Unit FOB price of
(e) teas imported for export have tea exported and
to be exported within six B stands for Unit CIF price of
months from the date of imported tea
import into the country;
(f) export of imported teas shall 22. Restriction on distribution of
achieve at least 50% Value imported tea- No distributor of
Addition. imported tea or exporter shall
himself or by any other person on his
Explanation – 1. Teas exported or behalf import for export and
teas imported with the intention of its distribute tea –
export are required to conform to the
specifications mentioned in clause (v) (a) which is not packed and
of paragraph 2 or the specifications marked in the manner
stipulated by the consignee provided under in this
whichever are more stringent. Order; or
 184

(b) which is adulterated; or any provision of this Order or for

(c) the label or container ensuring compliance with the
whereof bears any requirement of the export obligations,
statement which makes call for a copy of the export contract
false claim for such tea or and /or other documents relevant to
which is false or the export from the exporter of tea in
misleading in any material India, or the approved inspection
particular; or agency concerned, within a time as
(d) which is not in conformity may be specified by the Licensing
with the specifications for Authority or such officer of the
tea given in clause (v) of Board, duly authorized by the
paragraph 2. Licensing Authority.

Explanation- 24. Power to inspect the

consignment prior to export- The
Tea shall be deemed to be adulterated Licensing Authority or any officer of
if,- the Board, not below the rank of
Inspector or any inspection agency
(a) such tea is not of nature or duly approved and authorised by the
substance which it purports Licensing Authority may inspect any
or is represented to be; tea meant for export (whether
(b) such tea contains any other indigenous, imported or blended for
substance which affects export) to verify the compliance
injuriously the nature, with any or all the provisions of this
substance or quality thereof; Order.
(c) any inferior or cheaper
substance has been 25. Power to prevent shipment of
substituted wholly or in part tea from India- Licensing Authority
for such tea so as to affect or any officer of Board, not below the
injuriously the nature, rank of Controller of Licensing, duly
substance or quality thereof; authorised by the Licensing
(d) such tea contains any Authority, may issue direction to the
poisonous or other ingredient appropriate Customs or Port
which renders it injurious to authority, or to the shipper or his
health. agent, not to allow shipment of tea
from India, or prevent loading of the
23. Power to call for export consignment in a vessel, or offload
contract- Licensing Authority or any consignment from such vessel if
any other officer of the Board, not loading has been done, or recall any
below the rank of Joint Controller of consignment that has been shipped, if
Licensing, duly authorized by it is suspected that there has been
Licensing Authority may, for the violation of any contractual
purpose of ensuring the adherence to
 185

obligation or any other provision of (c ) any of the provision of

this Order by the exporter. the Tea Act, 1953, Tea
Rules, 1954 or Tea Board
26. Power to register the export Bye-Laws, 1955, or any of
contract- Licensing Authority or any the provisions of any
officer of Board, not below the rank Order issued under the
of Joint Controller of Licensing duly Act or any condition of
authorized by the Licensing the business licence or
Authority, may register the export permanent business
contract as per the procedure to be licence has been
stipulated by the Licensing Authority contravened;
from time to time before shipment of (d) that the exporter holding
tea from India under such export permanent exporter
contract. business licence has not
exported any tea from
27. Suspension or cancellation of India during any of the
business licence or permanent preceding three
business licence- consecutive years;
(e) that the business licensee
(1) The Licensing Authority may, or permanent business
after giving the holder of a licensee has failed to
business licence or permanent comply with the directives
business licence as an exporter issued by the Licensing
or distributor an opportunity of Authority or any other
being heard, cancel or suspend persons duly authorized
the business licence or by the Licensing
permanent business licence on Authority;
any one of the following (f) closure of business of the
grounds, namely,: distributor;
(g) violation of any of the
(a) that the business licence provisions of this Order.
or permanent business
licence has been obtained (2) Every order suspending or
by misrepresentation as to cancelling a business
a material particular; licence shall be in writing
(b) that the licensee or and shall specify the
permanent licensee has reasons for the suspension
not observed or performed or cancellation and shall be
his contractual obligation communicated to the
to a foreign buyer or seller business licensee within
relating to any contract for fifteen days of the passing
export of tea or for import thereof.
of tea as the case may be;
 186

(3) Where a business licence is the reasons for the suspension or

suspended or cancelled cancellation and shall be
under this Order, the holder communicated to the holder of the
of a business licence shall Certificate within fifteen days of
not be entitled to claim from passing of such order.
the Tea Board or the Central
Government any (3) Where a Certificate is suspended
compensation or refund of or cancelled under this Order, the
business licence fee or any holder of the Certificate shall not be
damages occurring for such entitled to claim from the Tea Board
suspension or cancellation. or the Central Government any
compensation or refund of any fee or
28. Suspension or cancellation of any damages so occurring for such
Certificate of Origin – (1) The suspension or cancellation.
Licensing Authority, may after giving
the holder of a Certificate of Origin 29. Taking of samples – The
an opportunity of being heard, cancel Licensing Authority may take or
or suspend the Certificate on any of authorize any officer of the Tea
the following grounds, namely: Board, not below the rank of
Inspector or any inspection agency, to
(a) that the Certificate has been take any sample of not more than one
obtained by misrepresentation kilogram in weight drawn from any
as to a material particular; stock of tea for the purpose of
(b) that the holder of the ascertaining whether such sample
certificate has not observed or conforms to the requirements laid
performed his contractual down for tea or whether such sample
obligations to a foreign buyer conforms to the rules of origin for the
relating to any contract for purpose of issuing Certificate of
export or distribution of tea, Origin and/or to ensure conformity
the label or container whereof with any or all the provisions of this
bears any statement or marks Order. No charges shall be payable
which makes false claim for for taking the samples.
such tea or which is false or
misleading and deceptive in 30. Submission of information or
any material particular; and returns by the business licensee-
(c) that any of the provisions of Every business licensee and/or every
the Act or this Order or any inspection agency duly approved by
other Order under the Act has the Licensing Authority shall furnish
been contravened. to the Licensing Authority or to any
officer of the Board, not below the
(2) Every order suspending or rank of Joint Controller of Licensing,
cancelling a Certificate of Origin monthly returns and such other
shall be in writing and shall specify
 187

information as may be called for from class of persons, be notified

time to time. in the Official Gazette ; and
(b) in the case of an order
31. Maintenance of accounts etc. directed to a specified
and production of such accounts individual, be served on such
etc. by licensees -(1) The Licensing individual -
Authority may issue directions to any
licensee: (i) by delivering or
tendering it to that individual,
(a) to maintain such records as to or
his purchases, sales, exports or (ii) if it cannot be so
other matters connected with delivered or tendered, by
his business and in such form affixing it on the outer
as may be specified in the door or some other
direction ; conspicuous part of the
(b) to submit to such authority premises in which that
returns or statements in such individual lives, or
from and containing such carries on business or
information relating to his personally works for gain
business and within such time and written report thereof
as may be specified in the shall be prepared and
direction ; and witnessed by two persons
(c) to produce for inspection to living in the
such officer of the Tea Board neighborhood.
as may be authorised in this
behalf by the Licensing 33. Compliance of directions- Every
Authority such books, exporter or distributor shall carryout
accounts and records relating the directions issued under any
to his business as may be provision of this order by any officer
specified in the direction ; of the Board not below the rank of
Joint Controller of Licensing duly
(2) Any direction of the nature authorized by the Licensing
referred to in sub-paragraph (1) may Authority or by any inspection
be issued generally to all distributors agency duly approved by the
or exporters or to any class thereof. Licensing Authority within the time
specified therein.
32. Service of orders and
directions -- Any order of direction 34. Power to issue directives by the
made or issued by the Licensing Licensing Authority or any officer
Authority or by any other authority of the Board authorized by the
under this Order shall - Licensing Authority- The
(a) in the case of an order of a Licensing Authority or any officer,
general nature or affecting a not below the rank of Controller
 188

Licensing, duly authorized by the officer on production of the

Licensing Authority, may issue such authority issued by the
directive that he may think fit to the Licensing Authority free
licensee or to a class of licensees at ingress thereto, and afford all
any time for compliance within the reasonable facilities for a
time period stipulated in such search therein;
directive with regard to the adherence
to the contractual obligations, (b) before making a search, such
maintenance of requisite quality of authorised officer shall call
tea and packaging materials as well upon two or more independent
as on any matter relating to tea and respectable inhabitants of
shipments, including stoppage and the locality in which the place
recall of shipments for violation of to be searched is situated or of
any of the provisions of the Control any other locality if no such
Order or on any other matter relating inhabitant of the said locality
to import or export of tea. is available or is willing to be
a witness to the search, to
35. Power of entry and search and attend and witness the search;
seizure etc. - (1) The Licensing
Authority or any officer of the Tea (c) the search shall be made in
Board, not below the rank of their presence, and a list of all
Inspectors, specially authorised by the products of tea or related
him in writing in this behalf, may items seized in the course of
enter and search at any time any land, such search and of the places
building premises, vessels, air-craft in which they are found shall
or plant or machinery upon or in be prepared by the authorised
which the Licensing Authority has officer and signed by such
reason to believe that tea is stored, witnesses; but no person
carried, distributed or sold in witnessing a search under this
contravention of the provisions of paragraph shall be required to
this Order and may seize any tea or attend the Court as a witness
product of tea which appears to be of the search unless specially
stored, carried, distributed or sold in summoned by it;
contravention of the provisions of
this Order. (d) the occupant of the place
searched, or some person in
(2) The following procedure shall be his behalf, shall, in every
adopted relating to search and instance, be permitted to
seizure- attend during the search, and a
copy of the list prepared and
(a) any person residing in or being duly signed by the said
in charge of such place shall witnesses, shall be delivered to
allow the duly authorised such occupant or person.
 189

specified by the Licensing Authority

(3) Any officer taking action under or such officer or inspection agency:
this paragraph shall submit a report to
the Licensing Authority within Provided that validity period for grant
twenty four hours of taking such of approval to a tea taster to serve on
action. the panel may be specified by the
Licensing Authority from time to
36. Power to approve inspection time:
agency- The Licensing Authority
may approve agencies to inspect the Provided further that the Licensing
tea meant for export on their Authority may cancel the approval
credential through an technical granted to any tea taster for the above
committee constituted by the purpose, before the expiry of the
Licensing Authority for this purpose validity period.
and such approved inspection agency
may inspect tea along with its 38. Power to suspend or cancel
container or packs and other the approval of the inspection
documents meant for export to ensure agency- The Licensing Authority
conformity with the provision of this may, after giving an opportunity of
Order. The function of such approved being heard, for reasons to be
agency may be stipulated by the recorded in writing, may suspend or
Licensing Authority from time to cancel the approval of an inspection
time. agency on any of the following
grounds, namely,:
37. Power to approve tea tasters for (a) that the inspection agency has
constituting a panel- The Licensing obtained the approval by
Authority or any officer of the Board, misrepresentation as to a
not below the rank of Executive material particular;
Director, may from time to time (b) that the approved inspection
approve tea tasters for the purpose of agency has not complied with
constituting a panel for tasting tea any of the directions of the
from the sample drawn by the Licensing Authority or failed
Licensing Authority or any officer of to perform its obligations laid
the Board, not below the rank of Joint down in the rules, orders or
Controller of Licensing or any guidelines in force under the
inspection agency duly authorized by Act;
the Licensing authority and such (c) that any of the provisions of
panel comprising one or more tea this Order have been
tasters from the approved list shall contravened;
submit a report of the tea tasting to (d) that the inspection agency has
the Licensing Authority or the issued a report or certificate
authorized officer of the Board or any indicating in respect of any
inspection agency within the time tea that such tea conforms to
 190

the specifications laid down (a) refusing to grant a

in the Order, whereas such certificate by the approved inspection
tea is not as per the agency; or
specifications of this Order;
(e) that the inspection agency has (b) delay in issuing certificate
issued a report or certificate by the approved inspection
indicating the non- agency;
conformity of tea with the
specification laid down in may within a period of one month
this Order, whereas such tea from the date of such refusal or delay,
actually conforms to such appeal to the Licensing Authority.
specifications;
(f) that the inspection agency has (2) Licensing Authority shall within a
issued Certificate of Origin period of thirty days from the date of
in respect of any consignment receipt of the appeal, dispose of the
of tea under paragraph 11, same and communicate the decision
whereas tea of such to the appellant.
consignment actually is not
in conformity with the (3) Any person aggrieved by an
provisions under paragraph 7; order;
(g) that the inspection agency has
refused to issue Certificate of (a) refusing to grant a business
Origin in respect of any licence or renew a business
consignment of tea under licence; or
paragraph 11, whereas tea of
such consignment actually is (b) cancelling or suspending a
in conformity with the business licence or certificate,
provisions under paragraph 7;
may within a period of three months
(h) that the inspection agency has from the date of the order, appeal to
issued a report or certificate the Central Government.
indicating in respect of the
export of a tea consignment (4) the Central Government shall,
that such export conforms to within a period of thirty days from
the terms and conditions laid the date of receipt of the appeal,
down in the export contract, dispose of the same and communicate
whereas the same is not as the decision to the appellant. The
per the contractual decision of the Central Government
obligations. shall be final.

39. Appeal – (1) Any person 40. Power to relax – With the prior
aggrieved by an order; approval of the Central Government,
the Licensing Authority may, of its
 191

own or on an application submitted

by a licensee, if satisfied that in 41. Penal provision for
enforcing compliance of any of the contravention of any provisions of
provisions of this Order, undue this Order- Any contravention of
hardship would result to any licensee, any provisions of this Order by any
for reasons to be recorded in writing, exporter or distributor or any person
relax any such provision of this Order acting on his behalf, shall attract the
or exempt any licensee from provisions of section 41 of the Tea
complying with such provisions of Act, 1953.
this Order.
 192

FORM - A
( See paragraph – 4(1) )
Application for business licence under paragraph 4 (1) of
the Tea (Distribution and Export) Control Order 2005.

ORIGINAL*
DUPLICATE
To,
The Licensing Authority,
Tea Board,
14, B.T.M. Sarani,
(Brabourne Road),
KOLKATA-1.

Sir,

I/We* apply for a business licence to carry on business in manufactured tea as

Distributors* Exporter
I/We* furnish the necessary particulars below :-
1. Name of applicant (in block letters)
(in the case of a partnership concern the names of all the partners should be
given).....................................................................................................
2. Full address (to which correspondence should be sent)
......................................................................................................
3. Nature of business licence required .... Distributors business licence*
Exporter’s business licence
4. Full address of the various premises, if any, in which the applicant intends to do
business, or where blending and /or packing will be done
...............................................................................
5. Proprietary marks .................................................................................................
6. Amount of fees paid ...............................................................................................

I/We* have carefully read and understood the Tea (Distribution and Export) Control
Order, 2005, and hereby agree to abide by the provisions of the said Order.

Yours faithfully,
Place............................
.................................
Date...................... Signature (s) of applicant (s)

(*Score out the word not applicable)

Note :- This application should be signed in the case of Companies by the Secretaries, or
Managing Agents, or an authorised Agents and in the case of partnership concerns by one of the
authorised partners, and in case of Individuals the word ‘Sole Proprietor’, should be appended
after signature.
 193

FORM - B
[See paragraph 4(2)]

Application under paragraph 4(2) of the Tea (Distribution & Export) Control
Order 2005, for conversion of a business licence into a permanent business
licence.
( To be sent to Licensing Authority in duplicate)
To
The Licensing Authority,
Tea Board,
14 BTM Sarani (Brabourne Road),
KOLKATA- 700 001

Sir,
I/We* apply for the conversion of Exporter’s business licence
No……………… dated …………….. issued by you into permanent business
licence which is returned herewith.

I/We* mention the necessary particulars below :-

1. Name of applicant (in block letters) (in 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 business licence required………………………………
4. Full address of the various premises, if any in which the applicant intends
to do business, or where blending and/or packing will be
done……………………………………………………
5. Proprietory Marks…………………………………..

I/We* have carefully read and understood the Tea(Distribution & Export)
Control Order, 2005 and hereby agree to abide by the provisions of the said
order.

Yours faithfully,

Signature(s) of the applicant(s)

Place _____________
Date______________

(*Score out the word not applicable)

 194

FORM C
(See paragraph 5)
To
The Licensing Authority,
Tea Board,
14, BTM Sarani,
KOLKATA- 700 001
Dated ______________________

SIR,
I/We* apply for grant of Certificate of Origin for teas produced, grown and
manufactured in India in the geographical indication of
Darjeeling*/Assam*/Nilgiris* and any other tea producing areas as
exporter/distributor* of the said teas.

MY/OUR* User Business licence Number of (DarjeelingCTM/Assam*/Nilgiris*)is

___________________
My/our* EXPORTER BUSINESS LICENCE Number is
……………….dt……………
Reseller/Exporter Invoice No………………..dt……………………..

We hereby apply for a Certificate of Origin for the following teas.

Purchase details
S. Garden Auction Private Consign- Invoice Grade Number Net Port of
No. ment of Weight Desti-
Packing nation
(for
Export)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

I/We* hereby declare that I/We* have carefully read and understood the
provisions of the Tea Act, 1953, Tea (Distribution and Export) Control Order,
2005, Tea (Waste) Control Order, 1959 and the Tea (Marketing) Control Order,
 195

2003. I/We* also declare that the aforesaid information given by me/us* are true
to the best of my/our* knowledge, belief and information.

Place_________ Yours faithfully,

Signature(s) of the Applicant

(*Strike out whichever is not applicable)
 196

FORM D
( see paragraph 6 )

To
The Licensing Authority,
Tea Board,
14, B.T.M.Sarani
Kolkata-700 001.

Sir
I/We* apply for grant of Non Preferential Certificate of Origin in respect
of Export of tea from India as per the following particulars:

1) Name of the Exporter with

Exporter’s business licence No: and date of issue.
2) Name of the consignee
3) Name of the Country of destination
4) Name of the Port of destination
5) Probable date of shipment from the Port in India.
6) Name of the Port in India from which shipment
is to take place
7) Shipping Bill No. & Date.(if available)

The following documents are also enclosed

1) Two copies of invoices

2) Details of quantum/origin of inputs / consumables
used in the export product
3) Format for Certificate of Origin duly filled in
4) Admissible fee of Rs…………..

I/We* hereby declare that I/We* have carefully read and understood the provision
of Tea Act 1953, Tea (Distribution & Export) Control Order 2005, Tea (Waste)
Control Order 1959 and the Tea (Marketing) Control Order 2003. I/We* also
declare that the aforesaid information given by me /us are true to the best of
my/our knowledge, belief and information.

Yours faithfully,
Date:__________
Place:__________
Signature(s) of the applicant.
 197

FORM E
{see paragraph 11(2)}

Format of the Certificate of Origin (Non Preferential)

1. Goods consigned from (Exporter’s Reference No.

business name, address, country)
2. Goods consigned to (Consignee’s CERTIFICATE OF ORIGIN
name, address, country) (NON PREFERENTIAL)
(Combined declaration and
certificate)

Issued in India
3. Means of transport and route (as far 4. For official use
as known)
5. Item 6.Marks 7.Number 8. Origin 9.Gross 10.
No. and and kind of criteria weight Number
numbers of packages, (see notes) or other and date
packages description quantity of
of goods invoices.

11. Certification 12. Declaration by the exporter

It is hereby certified, on the basis of The undersigned hereby declares that the
inspection carried out, that the above details and statements are correct;
declaration by the exporter is correct. that all the goods were produced in India
and that they comply with the origin
criteria as given below for exports to
……………………………..
(name of importing country)
Place and date, signature and stamp of Place and date, signature and stamp of
authorised signatory. authorised signatory.
 198

NOTES:
I. Eligibility criteria to obtain Certificate of Origin
1) Any exporter of tea from India shall be eligible for obtaining a Certificate of
Origin, if such tea conforms to the origin requirement under any one of the
following conditions:

a) Tea wholly produced or obtained in India as defined in Para (2)

below ; or
b) Tea not wholly produced or obtained in India provided that the
said tea is eligible under Para (3) below.
2) Wholly produced or obtained: - Within the meaning of para (1)(a) above, tea
shall be considered as wholly produced or obtained in India if the said tea is
manufactured from the leaves of Camellia Sinensis (L) O Kuntze grown only
in India.
3) Not wholly produced or obtained: -Within the meaning of para (1)(b) above,
tea shall be considered as not wholly produced or obtained in India if any
portion of the said tea has been manufactured from the leaves of Camellia
Sinensis (L) O Kuntze grown outside the geographical limits of India, but the
final process of manufacture or production, including mixing (blending), has
been performed within India.
II. Entries to be made in Box 8 of the Certificate of Origin.

(a) For tea wholly produced or obtained as per para (2 )above , enter the words
“India Tea ” in box no.8.

(b) For tea not wholly produced or obtained as per para (3) above, enter the
words “ India Tea ( not less than 90% by weight of tea )” in case Indian
tea content in the export is not less than 90% by weight and if this
condition is not fulfilled, then enter the words “Blended Tea of different
origin and packed in India” in box no.8 along with the details of
consignment of tea in a separate sheet as per Format below:
1. Name of the Exporter with Registered/Head office address
2. Name of the Importer with Registered/Head office address
3. IEC Code no.
4. Gross weight of tea (in kgs) in the consignment
5. Net weight of tea (in kgs) in the consignment
6. Details of inputs used in Export product.
Countries of Details of quantity of tea of Description of export Packing
Origin different origin and origin product i.e. whether details
of other inputs bulk or packet or tea
/consumables used in the bags
export product. or instant tea or
flavoured tea .
 199

FORM - F
[ See paragraph 8(2) ]
TEA BOARD

Business licence for carrying business as Exporter

(Not transferable)
Issued under paragraph 8(2) of the Tea (Distribution and Export)
Control Order, 2005.

14, B.T.M. Sarani,

(Brabourne Road)
Kolkata -700 001.

Dated...........................

Business licence No. ......................

Shri/Sarvashri*..........................................................................……………
………………of............................…………………………………......is/are
hereby authorised to carry on business in manufactured tea as Exporter in terms of
the Tea (Distribution and Export) Control Order, 2005.

This business licence is valid up to and including....……………. unless

cancelled or suspended before that date under paragraph 27 of Tea (Distribution
and Export) Control Order, 2005.

Chairman, Tea Board

Licensing Authority.

(*Score out the word not applicable )

 200

FORM G
[See paragraph 8(5)]

TEA BOARD
14, BTM SARANI
(BRABOURNE ROAD)
KOLKATA- 700 001

Certified that the business licence No. _______________________ granted on

the __________ to _____________________________________________
carry on the business in manufactured tea as an exporter in terms of the Tea
(Distribution & Export) Control Order, 2005 is hereby authorised to carry on
permanent basis unless cancelled or suspended by the Licensing Authority
under the paragraph 27 of the Tea (Distribution & Export) Control, Order,
2005.

Licensing Authority

Dated_________________

Permanent Business licence Number _________________________

 201

FORM - H
[ See paragraph 9(2) ]

TEA BOARD

Business licence for carrying business as distributor

(Not transferable)
Issued under paragraph 9(2) of the Tea (Distribution and Export)
Control Order, 2005.

14, B.T.M. Sarani,

(Brabourne Road)
Kolkata -700 001.

Dated...........................

Business licence No. ......................

Shri/Sarvashri*..........................................................................……………
………………of............................…………………………………......is/are
hereby authorised to carry on business in imported tea in India as distributor in
terms of the Tea (Distribution and Export) Control Order, 2005.

This business licence is valid unless cancelled or suspended under

paragraph 27 of Tea (Distribution and Export) Control Order, 2005.

Chairman, Tea Board &

Licensing Authority.

(*Score out the word not applicable )

 202

FORM I
(see paragraph 10(2) )
Hologram
With
Logo
CERTIFICATE OF ORIGIN

TEA BOARD
14 BTM SARANI
KOLKATA- 700 001
(Not Transferable)

Certificate Number ______________ Reseller/Exporter Invoice No………

Dated ______________ Dated……………..

Issued under paragraph 10 of the Tea (Distribution and Export) Control, Order, 2005
S. No. Garden Invoice Grade Total Chests Total Net Kgs.
1.
2.
3.
3.
4.
5.
6.
7.
8.
9.
10
M/s.___________________________________________of
________________________________________________________________________
___holding Exporter’s business licence and user business licence of CTM
(Darjeeling/Assam/Nilgiris/Others)**
___________________________________________/____________________________
________ is/are** hereby granted Certificate of Origin in terms of the Tea(Distribution
and Export) Control Order, 2005. The Certificate is valid up to __________________
unless cancelled or suspended.

For and on behalf of the Chairman and Licensing Authority, Tea Board

Controller of Licensing, Tea Board

*(Four Originals to be given to the applicant and the fifth to be retained in the Office)
**(Strike out whichever is not applicable)
 203

FORM - J
(See paragraph 14(1))
Application under paragraph 14(1) of the Tea (Distribution and Export)
Control Order 2005, for renewal of business licence.

(To be sent to Licensing Authority in Duplicate)

ORIGINAL*
DUPLICATE
To,
The Licensing Authority,
Tea Board,
14, B.T.M. Sarani,
(Brabourne Road)
Kolkata - 700 001.

Sir,
I/We* apply for the renewal of Exporter’s business licence
No.............…..dated................. issued by you, which is returned herewith.

I/We* furnish the necessary particulars below :-

1. Name of applicant (in block letters) (in 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 business licence required...........................................................
4. Full address of the various premises, if any in which the applicant intends to do
business, or where blending and/or packing will be
done.......................................................................
5. Proprietary Marks ..........................................................................................
6. Amount of fees paid........................................................................................

I / We* have carefully read and understood the Tea (Distribution and Export)
Control Order, 2005, and hereby agree to abide by the provisions of the said Order.
Yours faithfully,
Place...............................
Date................................ Signature(s) of the applicant(s)

(*Score out the Word not applicable)

Note 1-- This applicant should be signed in the case of Company by the Secretary or
Managing Agent or an authorised agent and in the case of partnership concerns by one
of the authorised partners and in case of individuals the words ‘Sole Proprietor’ should
be appended after signature.
Note 2-- The application should be sent to the licensing authority in duplicate.
 204

FORM K
{see paragraph 14(1)}

TEA BOARD
14, B.T.M. Sarani,
(Brabourne Road),
Kolkata - 700 001.

Certified that the business licence No................................. on granted on the

............................ to............. to carry on the business in manufactured tea as
distributor/or exporter in term of the Tea (Distribution Export) Control Order,
2005 is hereby renewed until,....…… unless previously cancelled or suspended
before that date under the provisions of the Tea (Distribution and Export)
Control Order, 2005

Date ............................ Licensing Authority

Renewal No......................................

(File No.T-35018/2/2005-Plant A)

(Abhijit Sengupta)
Additional Secretary