Control of Sale, Export and Re-import of Coffee
16. Fixation of prices for sale of coffee.
[i][16. Fixation of prices for sale of coffee.—(1) The Central Government may [ii][* * *] by notification in the Official Gazette fix the price or prices at which coffee may be sold wholesale or retail in the Indian market.
(2) No registered owner or licensed curer or dealer shall sell coffee wholesale or retail in the Indian market at a price or prices higher than the price or prices fixed under this section.]
| Other Contents of Coffee Act, 1942 |
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| Sections 1 to 15 Sections 16 to 34 Sections 35 to 50 |
17. Sale of coffee in excess of free sale quota.
[iii][17. Sale of coffee in excess of free sale quota.—No registered owner shall sell or contract to sell coffee from any registered estate if by such sale the free sale quota allotted to that estate is exceeded nor shall a registered owner sell or contract to sell any coffee produced on his estate in any year for which no free sale quota is allotted to the estate.]
18. Sale of coffee, how made.
18. Sale of coffee, how made.—No registered owner shall sell coffee unless either—
(a) it has been cured at or is delivered to the buyer through a curing establishment licensed under Section 28, or
(b) it is sold under and in accordance with the provisions of a licence procured from the Board under Section 24.
19. Storage or sale of coffee on or from unregistered estate.
19. Storage or sale of coffee on or from unregistered estate.—[iv][* * *]
20. Export of coffee.
20. Export of coffee.—No coffee shall be exported from [v][India] otherwise than by the Board or under an authorisation granted by the Board in the prescribed manner and in the prescribed cases, and the provisions of the [vi][Customs Act, 1962 (52 of 1962)], shall have effect as if the provision made by this section had been made by notification issued under [vii][Section 11] of that Act:
[viii][Provided that nothing herein contained shall apply to coffee—
(i) Shipped as stores on board any vessel or aircraft in such quantity as the [ix][Commissioner] considers reasonable, having regard to the number of the crew and passengers and the length of the voyage or journey, as the case may be, on which the vessel or aircraft is about to proceed, or
[x][(ii) carried as personal baggage of a passenger, not exceeding such quantities as the Central Government may, by notification in the Official Gazette, specify, or
(iii) exported for such purposes and in such quantities as the Central Government may specify in the like manner.]
[xi][Provided further that the Central Government may, by order in writing, specify the quantity of coffee which shall be permitted for export during any year and where any such order is made, no coffee shall be exported from India in excess of the said quantity :]
Provided further that the Central Government may exempt from the operation of this section, either absolutely or subject to conditions, the export of coffee from [India] [xii][to the State of Jammu and Kashmir] or to any foreign settlement bounded by India.
21. Re-import of coffee exported from India.
21. Re-import of coffee exported from India.—(1) No coffee which has been exported from India shall be re-imported into [India] except under and in accordance with a permit granted by the Board.
(2) The Board may in any fit case grant such a permit and no charge shall be made therefor.
22. Free sale quota.
[xiii][22. Free sale quota.—(1) Unless with the previous sanction of the Central Government the Board decides that no free sale quotas shall be allotted, the Board shall, as soon as may be, allot to each registered estate a free sale quota for the year.
(2) The free sale quota shall be a fixed percentage, common to all registered estates, not exceeding fifty per cent of the probable total production of the estate in the year as estimated by the Board:
Provided that the Board may, with the previous sanction of the Central Government, allot such quota at a percentage higher than fifty per cent of the said probable total production.
(3) The Board may at any time vary the free sale quota by varying the fixed percentage common to all registered estates, or may express the whole or any part of the free sale quota of an estate in terms of bulk instead of in terms of weight.]
23. Returns to be made by registered owners.
23. Returns to be made by registered owners.—(1) A registered owner shall furnish to the Board at the prescribed times and in the prescribed manner such returns as may be prescribed.
(2) If any registered owner fails to furnish the returns required under sub-section (1) in respect of any estate, the Board may [xiv][without prejudice to any penalty to which the said owner is liable under Section 37-A] refuse to allot [xv][a free] sale quota to that estate, or, where [xvi][a free] sale quota has already been allotted, may cancel it.
(3) The Board may authorise an officer to visit any estate at any time to verify the accuracy of any return made under this section or to ascertain the productive capacity of the estate.
24. Licences for sale of uncured coffee.
24. Licences for sale of uncured coffee.—The registered owner of any estate may, subject to the prescribed conditions and so long as the [xvii][free] sale quota allotted to that estate will not be exceeded by the proposed sale, obtain from the Board a licence for the sale from that estate of uncured coffee.
25. Surplus coffee and surplus pool.
25. Surplus coffee and surplus pool.—(1) All coffee produced by a registered estate in excess of the amount specified in the [xviii][free] sale quota allotted to that estate [xix][or when no [xx][free] sale quotas have been allotted to estates, all coffee produced by the estate], shall be delivered to the Board for inclusion in the surplus pool by the owner of the estate or by the curing establishment receiving the coffee from the estate:
[xxi][Provided that where no [xxii][free] sale quotas have been allotted to estates, the Chairman may allow the owner of any estate to retain with himself for purposes of consumption by his family and for purposes of seed, such quantity of coffee as the Chairman may think reasonable:
Provided further that where the Central Government is satisfied that it is not practicable for any class of owners producing coffee in any specified area to comply with the provisions of this sub-section on account of the small quantity of coffee produced by them or on account of their estates being situated in a remote locality, the Central Government may, by notification in the Official Gazette, exempt such class of owners from the provisions of this sub-section.]
(2) Delivery shall be made to the Board in such places, [xxiii][at such times] and in such manner as the Board may direct, and such directions may provide for partial delivery to the surplus pool at any time whether or not at that time the [xxiv][a free] sale quota has been exceeded; and the coffee delivered shall be such as to represent fairly in kind and quality the produce of the estate. The Board may reject any consignment offered for delivery which does not satisfy this requirement, but shall not reject any consignment merely for a defect in curing.
(3) Coffee delivered for inclusion in the surplus pool shall upon delivery to the Board remain under the control of the Board which shall be responsible for storage, curing where necessary, and marketing of the coffee.
(4) The Board shall [xxv][* * *] [from time to time] prepare a differential scale for the valuation of coffee, and shall in accordance with that scale classify the coffee in each consignment delivered for inclusion in the surplus pool according to its kind and quality, and shall make an assessment of its value based on its quantity, kind and quality.
(5) The Board may, with the consent of a registered owner, [xxvi][* * *] treat as having been delivered for inclusion in the surplus pool any coffee from such estate which the registered owner may agree to have so treated.
(6) When coffee has been delivered or is treated as having been delivered for inclusion in the surplus pool, the registered owner whose coffee has been so delivered or is treated as having been so delivered shall retain no rights in respect of such coffee except his right to receive the payments referred to in Section 34.
26. Sales of coffee by the Board.
26. Sales of coffee by the Board.—(1) The Board shall take all practical measures to market the coffee included in the surplus pool, and all sales thereof shall be conducted by or through the Board.
(2) The Board may purchase for inclusion in the surplus pool coffee not delivered for inclusion in it.
27. Coffee to be cured in licensed curing establishments.
27. Coffee to be cured in licensed curing establishments.—No registered owner shall cause or allow coffee to be cured elsewhere than in a licensed curing establishment, whether the curing establishment is maintained by himself or by another person.
28. Licensing of curing establishments.
28. Licensing of curing establishments.—Every establishment for curing coffee shall obtain from the Board a licence to operate as such.
29. Information to be supplied to the Board in connection with curing.
29. Information to be supplied to the Board in connection with curing.—(1) A registered owner when sending coffee to a curing establishment shall report to the Board, separately for each estate from which coffee is sent, the amount of coffee sent; and the curing establishment shall, in accordance with such instructions as may be issued by the Board and having regard to the [xxvii][free] quota of the estate [xxviii][where one has been allotted], apportion each such consignment into two parts, one part consisting of coffee intended for [xxix][free] and one part of coffee intended to be delivered for inclusion in the surplus pool and shall report to the Board the amount of coffee in each such part. [Where no [xxx][free] quotas have been allotted to estates, the curing establishment shall report merely the whole amount of coffee sent in each such consignment.]
(2) A registered owner curing coffee in a curing establishment maintained by himself shall supply to the Board the information specified in sub-section (1).
(3) A curing establishment which buys or receives uncured coffee from any person shall ascertain the estate on which the coffee was produced and shall report to the Board the quantity of coffee so obtained and the estate or estates from which it came.
(4) Every curing establishment shall maintain accounts in such forms as may be required by the Board and such accounts shall be open to inspection at any time by the Board or by an officer authorised in this behalf by the Board.
Finance
30. Separate funds to be maintained by the Board.
30. Separate funds to be maintained by the Board.—The Board shall maintain two separate funds, a general fund and a pool fund.
31. General fund.
[xxxi][31. General fund.—(1) To the general fund shall be credited—
(a) all amounts paid to the Board by the Central Government under sub-section (1) of Section 13; and
(b) any sums transferred to the general fund under the proviso to sub-section (2) of Section 32 [xxxii][; and].
[xxxiii][(c) all fees levied and collected by the Board under this Act.]
(2) The general fund shall be applied—
(a) to meet the expenses of the Board;
(b) to meet the cost of such measures as the Board may consider advisable to undertake for promoting agricultural and technological research in the interest of the coffee industry in India;
(c) for making such grants to coffee estates or for meeting the cost of such other assistance to coffee estates as the Board may think necessary for the development of such estates;
(d) to meet the cost of such measures as the Board considers advisable to undertake for promoting the sale and increasing the consumption in India and elsewhere of coffee produced in India; and
(e) to meet the expenses for securing better working conditions and the provision and improvement of amenities and incentives for workers.]
32. Pool fund.
32. Pool fund.—(1) To the pool fund shall be credited all sums realised by sales by the Board of coffee from the surplus pool.
(2) [xxxiv][* * *] The pool fund shall be applied only to—
(a) the making to registered owners of estates of payments proportionate to the value of the coffee delivered by them for inclusion in the surplus pool;
(b) the costs of storing, curing and marketing coffee deposited in and of administering the surplus pool;
(c) the purchase of coffee not delivered for inclusion in the surplus pool:
[xxxv][Provided that where, after the requirements of the clauses of this sub-section have been met, there remains any excess in the pool fund, the Board may, with the previous sanction of the Central Government, transfer the whole or any part of such excess to the credit of the general fund.]
32-A. Power of the Board to make donation to the Gandhi National Memorial Fund.
[xxxvi][32-A. Power of the Board to make donation to the Gandhi National Memorial Fund.—Notwithstanding anything contained in Section 32, the Board may apply any part of the pool fund to the making of a donation to the Fund known as the Gandhi National Memorial Fund.]
33. Power to borrow.
33. Power to borrow.—The Board may, subject to any prescribed conditions, borrow on the security of the general fund or the pool fund for any purposes for which it is authorised to expend money from such fund, or on the security of the coffee delivered or treated as delivered for inclusion in the surplus pool for any purposes for which it is authorised to expend money from the pool fund.
34. Payments to registered owners.
34. Payments to registered owners.—(1) The Board shall at such times as it thinks fit make to registered owners who have delivered coffee for inclusion in the surplus pool such payments out of the pool fund as it may think proper.
(2) The sum of all payments made under sub-section (1) to any one registered owner shall bear to the sum of the payments made to all registered owners the same proportion as the value of the coffee delivered by him out of the year's crop to the surplus pool bears to the value of all coffee delivered to the surplus pool out of that year's crop:
[xxxvii][Provided that in calculating the sum of all payments made under sub-section (1) and the value of the coffee delivered to the surplus pool out of the year's crop, respectively, any payment accepted by a registered owner as final payment in immediate settlement for coffee delivered by him for inclusion in the surplus pool and the value of any such coffee shall be excluded.]
References
[i] Substituted by Act 7 of 1943, Section 5 for the original section.
[ii] The words “after consultation with the Board” omitted by Act 50 of 1954, Section 15 (w.e.f. 1-8-1955).
[iii] Substituted by Act 23 of 1994, Section 5 (w.e.f. 14-1-1994).
[iv] Section 19 omitted by Act 48 of 1961, Section 8 (w.e.f. 19-4-1962).
[v] Substituted by Act 3 of 1951, Section 3 and Schedule, for “the State”.
[vi] Substituted for “Sea Customs Act, 1878 (8 of 1878)” by Act 23 of 1994, Section 6 (w.e.f. 14-1-1994).
[vii] Substituted for “Section 19” by Act 23 of 1994, Section 6 (w.e.f. 14-1-1994).
[viii] Substituted by Act 50 of 1954, Section 16 for the first proviso (w.e.f. 1-8-1955).
[ix] Substituted for “Collector” by Act 22 of 1995, Section 85.
[x] Substituted by Act 48 of 1961, Section 9 (w.e.f. 19-4-1962).
[xi] Inserted by Act 50 of 1954, Section 16 (1-8-1955).
[xii] Substituted by Act 3 of 1951, Section 3 and Schedule, for “to a Part B State”.
[xiii] Substituted by Act 23 of 1994, Section 7 (w.e.f. 14-1-1994).
[xiv] Inserted by Act 7 of 1943, Section 9.
[xv] Substituted for “an internal” by Act 23 of 1994, Section 8 (w.e.f. 14-1-1994).
[xvi] Substituted for “an internal” by Act 23 of 1994, Section 8 (w.e.f. 14-1-1994).
[xvii] Substituted for “internal” by Act 23 of 1994, Section 9 (w.e.f. 14-1-1994).
[xviii] Substituted for “internal” by Act 23 of 1994, Section 10 (w.e.f. 14-1-1994).
[xix] Inserted by Act 7 of 1943, Section 10.
[xx] Substituted for “internal” by Act 23 of 1994, Section 10 (w.e.f. 14-1-1994).
[xxi] Added by Act 50 of 1954, Section 17 (w.e.f. 1-8-1955).
[xxii] Substituted for “internal” by Act 23 of 1994, Section 10 (w.e.f. 14-1-1994).
[xxiii] Inserted by Act 7 of 1943, Section 10.
[xxiv] Substituted for “internal” by Act 23 of 1994, Section 10 (w.e.f. 14-1-1994).
[xxv] The words “with the concurrence of the Chief Coffee Marketing Officer” omitted by Act 50 of 1954, Section 17 (w.e.f. 1-8-1955).
[xxvi] The words “before and internal sale quota has been allotted to an estate” omitted by Act 7 of 1943, Section 10.
[xxvii] Substituted for “internal” by Act 23 of 1994, Section 11 (w.e.f. 14-1-1994).
[xxviii] Inserted by Act 7 of 1943, Section 11.
[xxix] Substituted for “internal” by Act 23 of 1994, Section 11 (w.e.f. 14-1-1994).
[xxx] Substituted for “internal” by Act 23 of 1994, Section 11 (w.e.f. 14-1-1994).
[xxxi] Substituted by Act 50 of 1954, Section 18, for the former section (w.e.f. 1-8-1955).
[xxxii] Inserted by Act 48 of 1961, Section 10(a) (w.e.f. 19-4-1962).
[xxxiii] Inserted by Act 48 of 1961, Section 10(b) (w.e.f. 19-4-1962).
[xxxiv] The words, brackets and figures “subject to the provisions of sub-section (4) of Section 13,” omitted by the Act 23 of 1994, Section 12 (w.e.f. 14-1-1994).
[xxxv] Added by Act 16 of 1944, Section 3.
[xxxvi] Inserted by Act 34 of 1949, Section 2.
[xxxvii] Added by Act 7 of 1943, Section 12.
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