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Tea Act, 1953 Chapter III

Title: Control over the Extension of Tea Cultivation

State: Central

Year: 1953

.....purposes of this section to be incapable of carrying or no longer to carry tea. (2) Upon such application being made and upon proof to the satisfaction of the Board that the applicant is entitled to the benefit of sub-section (1) the Board may by order grant permission to plant tea on land not planted with tea: Provided that the area of land in respect of which such permission is granted shall be within the same or an adjacent district and shall belong to the same or an adjacent tea estate and shall not exceed in extent the area of the land incapable of carrying tea or compulsorily acquired, transferred or resumed, as the case may be. (3) All areas of land in respect of which permission to plant tea is granted under this section shall be excluded when computing for the purpose of section 13 the total area of land in respect of which the permission referred to in section 12 may be granted. (4) If any land falling within the Explanation to sub-section (1) is subsequently restored to the tea estate from which it was substracted, the owner of the estate shall either uproot the tea planted thereon, or uproot any tea planted by him in pursuance of a permission granted under.....

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Tea Act, 1953 Complete Act

Title: Tea Act, 1953

State: Central

Year: 1953

.....Control Over Acts And Proceedings Of The Board Section32 - Appeal to Central Government Chapter VII Section33 - Licensing Of Brokers, Tea Manufacturers, Etc. Section34 - Power Of Inspection Section35 - Power Of Board To Call For Returns Section36 - Penalty For Illicit Export Section37 - Penalty For Making False Return Section38 - Penalty For Obstructing An Officer Or Member Of The Board In The Discharge Of His Duties And For Failure To Produce Books And Records Section39 - Penalty For Illicit Cultivation Section40 - Removal Of Tea Planted Without Permission Section41 - Penalty For Contravention Of Order Relating To Control Of Price And Distribution Section42 - Other Penalties Section43 - Offences By Companies Section44 - Jurisdiction Of Courts Section45 - Previous Sanction Of Central Government For Prosecution Section46 - Protection Of Action Taken In Good Faith Section47 - Power To Delegate Section48 - Suspension Of Operation Of Act Section49 - Power Of Central Government To Make Rules Section50 - Power Of Board To Make By-Laws Section51 - Repeals And Savings Amending Act1 - TEA (AMENDMENT) ACT, 1954 Amending Act2 - TEA (SECOND AMENDMENT) ACT, 1954

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Tea Act, 1953 Section 16E

Title: Power to Take over Tea Undertaking or Tea Unit Without Investigation Under Certain Circumstances

State: Central

Year: 1953

.....assets of the tea undertaking or tea unit, or by diversion of funds, brought about a situation which is likely to affect the production of tea manufactured or produced by the tea undertaking or tea unit and that immediate action is necessary to prevent such a situation or (b) it has been closed for a period of not less than three months (whether by reason of the voluntary winding up of the company owning the tea undertaking or tea unit or for any other reason) and such closure is prejudicial to the concerned tea undertaking or tea unit and that the financial condition of the company owning the tea undertaking or tea unit and the plant and machinery of such tea undertaking or tea unit are such that it is possible to restart the tea undertaking or tea unit and such restarting is necessary in the interests of the general public, it may, by notified order, authorise any person or body of persons to take over the management of the whole or any part of the tea undertaking or tea unit or to exercise in respect of the whole or any part of the tea undertaking or tea unit such functions of control as may be specified in the order. 2[Explanation.-- For the purpose of this sub-section,.....

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Tea Act, 1953 Chapter II

Title: The Tea Board

State: Central

Year: 1953

.....its opinion capable of representing,-- (a) owners of tea estate and growers of tea; (b) persons employed in tea estates and gardens; (c) manufacturers of tea; (d) dealers including both exporters and internal traders of tea; (e) consumers; (f) Parliament; (g) the Government of the principal tea-growing States; (h) such other persons or class of persons, who, in the opinion of the Central Government, ought to be represented on the Board. 1[(3A) It is hereby declared that the office of member of the Board shall not disqualify its holder for being chosen as, or for being a member of either House of Parliament.] (4) The number of persons to be appointed as members from each of the categories specified in sub-section (3), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Board shall be such as may be prescribed. (5) Any officer of the Central Government when deputed by that Government in this behalf shall have the right to attend meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote. ________________________ 1......

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Tea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 Chapter II

Title: Acquisition and Transfer of the Sick Tea Units of the Tea Companies

State: Central

Year: 1985

.....account, registers and all other documents of whatever nature relating thereto and shall also be deemed to include the liabilities specified in sub-section (1) section 24. (2) All properties as aforesaid which have vested in the Tea Trading Corporation under sub-section (2) of section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them and any attachment, injunction, decree or order of any court, tribunal or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. (3) Every mortgage of any property which has vested under this Act in the Tea Trading Corporation and every person holding any charge, lien or other interest in, or relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest. (4) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (3) or any other person.....

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Tea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 Chapter IV

Title: Management Etc.of the Sick Tea Units of the Tea Companies

State: Central

Year: 1985

.....and business of a sick tea unit, the right, title and interest of the tea company in relation to which have vested in the Corporation under sub-section (2) of section 3 and do all such things as the tea company of the sick tea unit is authorised to exercise and do. Section 9 - Duty of persons in charge of management of the sick tea units to delivery all assets, etc (1) On the vesting of the management of the sick tea units of the tea companies in the Tea Trading Corporation, the persons in charge of the management of such sick tea units immediately before such vesting shall be bound to deliver to the Tea Trading Corporation all assets, books of account, registers and all other documents in their custody relating to such sick tea units. (2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Tea Trading Corporation and the said Corporation may also, if it is considered necessary so to do, apply to the Central Government at any time for instructions as to the manner in which the management of the sick tea units of the tea companies shall be conducted or in relation to any other matter arising in the course of.....

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Tea Act, 1953 Section 15

Title: Grant of Permission to Plant Tea in Special Circumstances

State: Central

Year: 1953

.....purposes of this section to be incapable of carrying or no longer to carry tea. (2) Upon such application being made and upon proof to the satisfaction of the Board that the applicant is entitled to the benefit of sub-section (1) the Board may by order grant permission to plant tea on land not planted with tea: Provided that the area of land in respect of which such permission is granted shall be within the same or an adjacent district and shall belong to the same or an adjacent tea estate and shall not exceed in extent the area of the land incapable of carrying tea or compulsorily acquired, transferred or resumed, as the case may be. (3) All areas of land in respect of which permission to plant tea is granted under this section shall be excluded when computing for the purpose of section 13 the total area of land in respect of which the permission referred to in section 12 may be granted. (4) If any land falling within the Explanation to sub-section (1) is subsequently restored to the tea estate from which it was substracted, the owner of the estate shall either uproot the tea planted thereon, or uproot any tea planted by him in pursuance of a permission granted under.....

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Tea Act, 1953 Section 30

Title: Power to Control Price and Distribution of Tea or Tea Waste

State: Central

Year: 1953

.....specified therein-- (a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class.....

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Tea Act, 1953 Section 16D

Title: Power of Central Government to Assume Management or Control of Tea Undertaking or Tea Unit in Certain Cases

State: Central

Year: 1953

.....both Houses of Parliament. (3) Any notified order issued under sub-section (1) shall have the same effect as if it were an order made under sub-section (1) of section 18A of the Industries (Development and Regulation) Act, 1951, and the provisions of section 18B of that Act shall apply accordingly. (4) Notwithstanding anything contained in any law for the time being in force, no person, who ceased to hold any office by reason of the provisions contained in clause (a), or whose contract of management is terminated by reason of the provisions contained in clause (b) of section 18B of the Industries (Development and Regulation) Act, 1951, as applicable to a tea undertaking or tea unit by virtue of the provisions of sub-section (3), shall be entitled to any compensation for the loss of office or for the premature termination of his contract of management: Provided that nothing contained in this section shall affect the right of any such person to recover from the tea undertaking or the tea unit, as the case may be, monies recoverable otherwise than by way of such compensation. ________________________ 1. Substituted for the words "two years" by the Tea (Amendment) Act,.....

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Tea Act, 1953 Section 16B

Title: Power to Cause Investigation to Be Made in Relation to a Tea Undertaking or Tea Unit

State: Central

Year: 1953

.....of tea, to investigate into the possibility of running or restraining the tea undertaking, make an application to the Court praying for permission to make, or cause to be made, an investigation into such possibility by such person or body or persons as that Government may appoint for the purpose; and, where such an application is made, the Court shall, notwithstanding anything contained in the Companies Act, 1956, or in any other law for the time being in force, grant the permission prayed for. (3) The person or body of persons appointed to make any investigation under sub-section (1) or as the case may be, sub-section (2), shall have the same powers as are specified in section 18 of the Industries (Development and Regulation) Act, 1951.

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