Coffee Act, 1942

For development of the coffee industry under the control of the Government of India.

Coffee Act, 1942

[Act 7 of 1942]      [2nd March, 1942]

An Act [i][to provide for the development under the control of the Union of the coffee industry]

Whereas it is expedient [ii][to provide for the development under the control of the Union of the coffee industry];

It is hereby enacted as follows :—

1. Short title, extent and duration.

1. Short title, extent and duration.—(1) This Act may be called the [iii][Coffee Act], 1942.

(2) It extends to the whole of India [iv][except the State of Jammu and Kashmir].

[v][* * *]

2. Declaration as to expediency of Union control.

[vi][2. Declaration as to expediency of Union control.—It is hereby declared that it is expedient in the public interest that the Union should take under its control the coffee industry.]

3. Definitions.

3. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(a) “the Board” means the [vii][[viii][* * *] Coffee Board] constituted under Section 4;

[ix][(aa) “Chairman” means the Chairman of the Board;]

(b) “coffee” means the commodity derived from the fruit of the rubiaceous plant known by that name, and includes raw coffee, cured coffee, uncured coffee, roasted coffee and prepared coffee;

[x][(c) “Commissioner” means the Commissioner of Customs as specified in clause (b) of Section 3 of the Customs Act, 1962 (52 of 1962);]

(d) “curing” means the application to raw coffee of mechanical processes other than pulping for the purpose of preparing it for marketing;

(e) “curing establishment” means any place to which raw coffee is sent by a registered owner for curing, and includes any estate which the Board may declare to be a curing establishment for the purposes of this Act;

[xi][(ee) “dealer” means a person carrying on the business of selling coffee, whether wholesale or by retail;]

(f) “estate” means an area administered as one unit which contains land planted with coffee plants;

[xii][(ff) “India” means the territory of India excluding the State of Jammu and Kashmir;]

(g) “Indian Coffee Cess Committee” means the Indian Coffee Cess Committee constituted under the Indian Coffee Cess Act, 1935;

[xiii][(h) “free sale quota” means that portion, stated in terms of bulk or weight, of the whole of the coffee produced by the estate in the year, which a registered estate is permitted under this Act to sell;]

[xiv][(i) “owner”, in relation to any land planted with coffee plants, includes,—

(1) any agent of the owner, and

(2) a mortgagee, lessee or other person in actual possession of the land;'; and]

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

(k) “registered estate” means an estate in respect of which an owner is registered under sub-section (1) of Section 14, and includes also any estate in respect of which an owner is required to be registered under the provisions of that sub-section;

(l) “registered owner” means an owner of a registered estate who has been or is required to be registered under sub-section (1) of Section 14;

[xv][* * *]

(m) “surplus pool” means the stock of coffee accumulated by the Board out of the amounts delivered to the Board under Section 25;

[xvi][(n) “year” means the period of twelve months beginning with the first day of [xvii][July] and ending with the [xviii][thirtieth day of June] next following.]

4. Constitution of the Board.

4. Constitution of the Board.—(1) The Board constituted by the name of the Indian Coffee Market Expansion Board under Section 4 of the Indian Coffee Market Expansion Ordinance, 1940 (13 of 1940), shall be the [xix][Coffee Board] for the purposes of this Act.

[xx][(2) The Board shall consist of—

(a) a Chairman to be appointed by the Central Government by notification in the Official Gazette;

(b) three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; and

(c) such number of other members not exceeding twenty-nine as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among persons who are in its opinion capable of representing,—

(i) Governments of the principal coffee-growing States;

(ii) coffee-growing industry;

(iii) coffee trade interests;

(iv) curing establishments;

(v) interests of labour;

(vi) interests of consumers; and

(vii) such other interests as, in the opinion of the Central Government, ought to be represented on the Board.

(2-A) The number of persons to be appointed as members from each of the categories specified in clause (c) of sub-section (2), 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.]

(2-B) 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.]

(3)[xxi][* * *]

[xxii][(4)] No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board.

[xxiii][(5) 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.]

5. Incorporation of the Board.

5. Incorporation of the Board.—The Board shall be a body corporate by the name of the [xxiv][[xxv]* * * Coffee Board], having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

6. Vesting of property in the Board.

6. Vesting of property in the Board.—So long as this Act remains in force all property, movable or immovable, of or belonging to the Indian Coffee Cess Committee shall vest in the Board and all debts and liabilities of the said Committee shall be transferred to the Board, and the officers and servants of the said Committee shall be officers and servants on the staff of the Board and the said Committee shall be suspended.

6-A. Consultation with the Board.

[xxvi][6-A. Consultation with the Board.—Before taking any action touching the affairs of the Board under this Act, the Central Government shall ordinarily consult the Board:

Provided that no action taken by the Central Government shall be invalid or called in question merely on the ground that the action was taken without such consultation.]

7. Committees, staff and agents.

7. Committees, staff and agents.—[xxvii][* * *]

(2) The Board may appoint such committees for such purposes and may employ such staff as it thinks necessary for the efficient discharge of its functions under this Act.

(3) The Board may authorise agents to discharge on its behalf its functions in relation to the marketing, storing and curing of coffee.

8. Salary and allowances of Chairman.

[xxviii][8. Salary and allowances of Chairman.—The Chairman shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the Central Government.

8-A. Vice-Chairman.

8-A. Vice-Chairman.—The Board shall elect from amongst its members a Vice-Chairman who shall exercise such of the powers and perform such of the duties of the Chairman as may be prescribed or as may be delegated to him by the Chairman.

9. Chief Coffee Marketing Officer, Secretary and other staff.

9. Chief Coffee Marketing Officer, Secretary and other staff.—(1) The Central Government shall appoint an officer to be called the Chief Coffee Marketing Officer and a Secretary to the Board and may appoint a Deputy Secretary to the Board and such number of Marketing Officers as may be necessary, to exercise such powers and to perform such duties under the direction of the Board as may be prescribed.

(2) The officers appointed under this section shall be entitled to such salaries and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the Central Government.]

10. Dissolution of the Board.

10. Dissolution of the Board.—When the Board is dissolved by reason of this Act having ceased to be in force, the unexpended balance of all money received by the Board under the Coffee Market Expansion Ordinance, 1940, or under this Act except money in the pool fund, shall be disposed of in such manner as the Central Government may direct. The Central Government shall disburse the money in the pool fund in the same manner as the Board would have done had it continued to exist.

Duties of Customs and of Excise

11. Duty of customs.

11. Duty of customs.—[xxix][Repealed]

12. Duty of excise.

12. Duty of excise. — [xxx][* * *]

13. Payment of proceeds of duty to the Board.

13. Payment of proceeds of duty to the Board.—[xxxi][Repealed]

14. Registration of owners of coffee estates.

14. Registration of owners of coffee estates.—[xxxii][(1) Every owner of land planted with coffee plants, whether such land is comprised in one estate or in more than one estate and whether it is situated wholly or only partly in India, shall, before the expiration of one month from the date on which he first became owner of such estate or estates, apply to the registering officer appointed in this behalf by the State Government to be registered as an owner in respect of each estate owned by him; and any registration made before the commencement of the Coffee (Amendment) Act, 1961 shall be deemed to have been made under this sub-section.]

(2)[xxxiii][* * *]

(3) A registration once made shall continue in force until it is cancelled by the registering officer.

(4)[xxxiv][* * *]

15. Power of State Government to make rules.

15. Power of State Government to make rules.—(1) The State Government may, by notification in the Official Gazette, make rules to carry into effect the provisions of Section 14.

(2) Without prejudice to the generality of the foregoing power, such rules may prescribe the form of the application for registration and for cancellation of registration, the fee payable on such applications, the particulars to be included in such applications, the procedure to be followed in granting and cancelling registration, the registers to be kept by registering officers, and the supply by registering officers of information to the Board.

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