FOOD PRODUCTION (ESTATES) act

Arrangement of Sections

1. Short title.

2. Application of Act.

3. Proprietors of estates to elect whether to cultivate foodstuffs or to pay money as provided by this Act.

4. Liability imposed in respect of estates.

5. Cultivation of foodstuffs.

6. Payment in lieu of cultivation of foodstuffs.

7. Exemption of persons participating in approved companies and undertakings.

8. Exemption of persons engaged in the production of certain articles of food.

9. Regulations for and conditions of exemption.

10. Furnishing of returns and information and production of documents.

11. Application for exemption.

12. Payment on failure to discharge liability to cultivate foodstuffs.

13. Manner of making payments.

14. The Food Production Fund.

15. Payments into and out of the Food Production Fund.

16. Administration of the Food Production Fund.

17. Power of inspection.

18. Offences.

19. Recovery of sums payable under this Act.

20. Regulations.

21. Savings and transitional provisions.

22. Interpretation.

SCHEDULES

40 of 1954,

54 of 1957.

AN ACT to make provision for the cultivation of Foodstuffs by proprietors of estates or for the payment of money in lieu of such cultivation; for the establishment of a Food Production Fund; and for matters connected therewith or incidental thereto.

[Date of Commencement: 30th July, 1954]

1. Short title.

This Act may be cited as the Food Production (Estates) Act.

2. Application of Act.

(1) This Act shall apply to every land or group of land which forms a separate and distinct property and of which an extent of not less than thirty-five acres is under cultivation for any purpose other than the production of foodstuffs; every such land or group of land is hereinafter referred to as an "estate”.

(2) Where any land or group of land referred to in subsection (1) is cultivated partly with tea and partly with any other plant or plants of any description—

(a) the aggregate of such areas of that land or group of land as are cultivated mainly with tea, and

(b) the remaining portion of that land or group of land,

shall each be deemed, notwithstanding that it is of an extent less than that specified in subsection (1), to be a separate estate within the meaning of that subsection.

3. Proprietors of estates to elect whether to cultivate foodstuffs or to pay money as provided by this Act.

(1) Before the end of January in each year, the proprietor of every estate shall, in respect of that estate, elect and notify the Commissioner in writing whether such proprietor will—

(a) cultivate during that year one or more foodstuffs in accordance with the provisions of section 5, or

(b) pay as provided in section 6 a sum determined in accordance with the provisions of that section.

(2) If the proprietor of an estate fails to make an election under subsection (1) in respect of that estate for any year, such proprietor shall be deemed to have elected to pay in respect of that estate for that year as provided in section 6 a sum determined in accordance with the provisions of that section.

4. Liability imposed in respect of estates.

(1) Subject to any exemption granted or deemed to be granted under this Act or under any regulation made under this Act, an election made under section 3 in respect of any estate in any year shall for that year—

(a) apply in relation to that estate, and

(b) be a liability imposed in respect of that estate, notwithstanding any change of ownership of that estate in that year subsequent to such election.

(2) The person who is for the time being the proprietor of an estate shall discharge the liability imposed in respect of that estate by subsection (1).

5. Cultivation of foodstuffs.

(1) Where the election under section 3 in respect of any estate for any year, is to cultivate foodstuffs, the liability imposed by this Act in respect of that estate for that year shall be discharged by the cultivation of foodstuffs in accordance with the succeeding provisions of this section.

(2) One or more foodstuffs may be cultivated for the purposes of this Act, and any foodstuff which is to be cultivated for those purposes in any year shall be cultivated in such seasons of that year as are the seasons in which it is customary to cultivate that foodstuff in the region where the land to be used for the cultivation of that foodstuff is situated.

(3) The cultivation of any foodstuff for the purpose of discharging the liability imposed by this Act in respect of any estate may be either on that estate or on any other land:

Provided, however, that for such purpose—

(a) any area which is already under any cultivation other than permanent cultivation shall not, except with the prior approval of the Commissioner, be cultivated with any foodstuff, and

(b) any area which is already under permanent cultivation shall not be cultivated with any foodstuff.

(4) Subject to any declaration made by any regulation under section 9, the area which is to be cultivated with foodstuffs for the purpose of discharging the liability imposed by this Act in respect of an estate of any description set out in Column 1 of the First Schedule shall not be less than an area equal to such percentage of the total cultivated area of that estate as is specified in the corresponding entry in Column 2 of that Schedule.

(5) Where the election under section 3 in respect of any estate for any year is to cultivate foodstuffs in that year, the Minister or any officer authorised in that behalf by the Minister may, by notice served on the proprietor of that estate, specify the description of foodstuffs which must be cultivated by that proprietor and the season or seasons during which such foodstuffs must be cultivated in that year; and where such notice is served on that proprietor—

(a) the foodstuffs cultivated by that proprietor for the purpose of discharging the liability imposed by this Act in respect of that estate for that year shall be of the description specified in the notice, and

(b) such foodstuffs shall be cultivated during such season or seasons in that year, as are specified in the notice.

6. Payment in lieu of cultivation of foodstuffs

Where the election under subsection (1) of section 3 in respect of any estate for money in any year, is to pay in respect of that estate for that year as provided in this section, a sum determined in accordance with the provisions of this section or where the election so to pay is deemed under subsection (2) of section 3 to have been made, the liability imposed by this Act in respect of that estate for that year shall be discharged by the payment, before the end of that year, to the credit of the Food Production Fund of a sum calculated at the rate of ten rupees for each acre of the total cultivated area of that estate.

7. Exemption of persons participating in approved companies and undertakings.

(1) The Minister or any officer authorised in that behalf by the Minister may, in his discretion, by order under his hand, exempt the proprietor of any estate, either absolutely or subject to such conditions as may be specified by him in the order, from the whole or any part of the liability imposed by section 4 in respect of that estate, if the Minister or such officer is satisfied that such proprietor has, whether before or after the commencement of this Act—

(a) acquired in any approved company or companies shares of a value not less than an amount (hereinafter referred to as "the minimum amount”) calculated at the rate of ten rupees for each acre of the total cultivated area of that estate, or

(b) contributed an amount not less than the minimum amount to the capital of any approved undertaking.

(2) The Minister may at any time, by order under his hand, revoke any exemption granted under subsection (1) to the proprietor of any estate, on being satisfied—

(a) that such proprietor has ceased to be a shareholder of any approved company or companies or to be a contributor to the capital of any approved undertaking, or

(b) that the value for the time being of any shares held by such proprietor in any approved company or companies, or the amount for the time being contributed by such proprietor to the capital of any approved undertaking, is less than the minimum amount, or

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