RUBBER CONTROL act

Arrangement of Sections

1. Short title.

PART I

REGISTRATION OF RUBBER PLANTATIONS AND THE PROPRIETORS THEREOF

2. Register of Estates and Register of Small Holdings.

3. Returns to be furnished before registration.

4. Determination of questions relating to registration.

5. Amendment of registers.

6. Registered proprietors to furnish returns in respect of certain matters periodically.

PART II

CONTROL OF THE PLANTING AND REPLANTING OF RUBBER

7. Planting or replanting of rubber to be under the authority of a permit issued by the Controller.

8. Applications for permits.

9. Rubber planting permits.

PART III

CONTROL OF THE POSSESSION, SALE AND PURCHASE OF RUBBER

10. Possession of rubber exceeding a prescribed quantity.

11. Sale of rubber exceeding a prescribed quantity.

12. Purchase of rubber exceeding a prescribed quantity.

13. Licensed dealers.

14. Furnishing of monthly return by licensed dealers.

15. Record of rubber delivered to or from licensed premises.

16. Scales to be kept in licensed premises.

17. Declaration to be received with rubber delivered to licensed premises.

18. Taking or making delivery, and storing of rubber by licensed dealer.

19. Licensed manufacturers.

20. Furnishing of monthly returns by licensed manufacturers.

21. Declaration to be received with rubber delivered to a licensed manufacturer.

22. Licenses and permits issued under the Rubber Thefts Prevention Ordinance, 1908.

PART IV

CONTROL OF THE EXPORTATION OF RUBBER SEED AND IMPOSITION
OF EXPORT DUTY ON RUBBER

23. Export of rubber seed.

24. Application for export permits.

25. Export duty on rubber.

26. Proceeds of export duty to be paid to Rubber Control Fund.

PART V

APPEALS AND OFFENCES

27. Appeals.

28. Contravention of this Act or of any regulation made thereunder to be an offence.

29. Non-compliance with directions under this Act to be an offence.

30. Resistance or obstruction of persons performing duties or exercising powers under this Act to be an offence.

31. Making false declaration, return or record to be an offence.

32. Offence connected with declaration accompanying rubber delivered to a licensed dealer or to a licensed manufacturer.

33. Offence connected with discrepancy in weight of rubber stocked and weight of rubber recorded.

33A. Offence connected with rubber in possession of certain registered proprietors.

34. Punishment for offences under this Act.

34A. Transmission to Controller of proceedings on conviction of licensed dealer.

35. Controller's sanction necessary for prosecution.

35A. Compounding of offences.

PART VI

RUBBER CONTROL FUND AND RUBBER ADVISORY BOARD

36. Establishment of Rubber Control Fund.

37. Sums to be paid to the Rubber Control Fund.

38. Sums to be paid out of the Rubber Control Fund.

39. Application of surplus in the Rubber Control Fund.

39A. Accounts of the Rubber Control Fund.

40. Establishment of Rubber Advisory Board.

41. Duties of the Rubber Advisory.

PART VII

GENERAL

42. Regulation.

43. Appointment of Controller and other officers.

43A. Appointment of holders of pensionable posts in the public service to the staff of the Rubber Control Department.

44. Controller to be subject to general direction of the Minister.

45. Delegation of Controller's powers.

46. Controller's power to call for information.

47. Powers of Controller and certain officers in respect of estates, small holdings, and premises.

48. Verification of returns, explanations and information.

49. No stamp duty on declarations.

50. Estimates of the income and expenditure of the Rubber Control Fund.

51. Gratuity scheme.

52. Interpretation.

11 of 1956,

16 of 1957,

45 of 1957,

14 of 1961,

30 of 1966,

10 of 1983.

AN ACT to provide for the registration of rubber plantations and the proprietors thereof, for the control of the planting and replanting of rubber, the possession, sale and purchase of rubber, and the exportation of rubber seed and such parts of the rubber plant as are capable of being used for propagation, for the imposition of an export duty on rubber, for the establishment of a Rubber Advisory Board, and for matters connected therewith.

[Date of Commencement: 1st May, 1956]

1. Short title.

This Act may be cited as the Rubber Control Act.

PART I

REGISTRATION OF RUBBER PLANTATIONS AND THE PROPRIETORS THEREOF

2. Register of Estates and Register of Small Holdings.

(1) The Controller shall maintain a Register of Estates in which he shall cause the prescribed particulars of estates and the prescribed particulars of the proprietors of estates to be registered.

(2) Where the prescribed particulars of an estate are registered in the Register of Estates, that estate shall, for the purposes of this Act, be a registered estate so long as the registration relating to that estate is in force.

(3) Where the prescribed particulars of any proprietor of an estate are registered in the Register of Estates, he shall, for the purposes of this Act, be a registered proprietor of that estate so long as the registration relating to him is in force.

(4) The Controller shall maintain a Register of Small Holdings in which he shall cause the prescribed particulars of small holdings and the prescribed particulars of the proprietors of small holdings to be registered.

(5) Where the prescribed particulars of a small holding are registered in the Register of Small Holdings, that small holding shall, for the purposes of this Act, be a registered small holding so long as the registration relating to that small holding is in force.

(6) Where the prescribed particulars of any proprietor of a small holding are registered in the Register of Small Holdings, he shall, for the purposes of this Act, be a registered proprietor of that small holding so long as the registration relating to him is in force.

(7) Any register of estates and any register of small holdings maintained or deemed to be maintained under the Rubber Control Ordinance shall be deemed to be respectively a Register of Estates and a Register of Small Holdings maintained under this Act.

(8) Every estate which, on the day immediately preceding the appointed date, is, or is deemed to be, a registered estate under the Rubber Control Ordinance shall be deemed to be a registered estate for the purposes of this Act so long as the registration relating to that estate is in force.

(9) Every small holding which, on the day immediately preceding the appointed date, is, or is deemed to be, a registered small holding under the Rubber Control Ordinance shall be deemed to be a registered small holding for the purposes of this Act so long as the registration relating to that small holding is in force.

(10) A person who, on the day immediately preceding the appointed date, is, or is deemed to be, a registered proprietor of an estate under the Rubber Control Ordinance shall be deemed to be a registered proprietor of that estate for the purposes of this Act so long as the registration relating to him is in force.

(11) A person who, on the day immediately preceding the appointed date, is, or is deemed to be, a registered proprietor of a small holding under the Rubber Control Ordinance shall be deemed to be a registered proprietor of that small holding for the purposes of this Act so long as the registration relating to him is in force.

3. Returns to be furnished before registration.

(1) The proprietor, or any one of the proprietors, of any estate or small holding which, on the day immediately preceding the appointed date is not, or is not deemed to be, a registered estate or a registered small holding under the Rubber Control Ordinance shall, within six months after the appointed date, furnish to the Controller a return in the prescribed form.

(2) A person to whom a permit is issued under this Act to plant rubber on any land which is not a nursery shall, within three months after the completion of the planting of rubber on that land, furnish to the Controller a return in the prescribed form.

(3) Where the Controller is satisfied, on written application made to him, that any person required to furnish a statement under the preceding provisions of this section is unable to furnish that statement within the period specified in those provisions, he may fix some later date after the expiry of such period before which the return shall be furnished. Where the Controller has, under the preceding provisions of this section, in relation to any person, fixed a later date, such person shall furnish the return before that date.

4. Determination of questions relating to registration.

(1) The Controller shall decide—

(a) whether any land planted with rubber is an estate or a small holding for the purposes of this Act; and

(b) whether any person is entitled to be registered as the proprietor of an estate or a small holding.

(2) No decision of the Controller under subsection (1) of this section, and no decision of the Minister upon an appeal made to him under this Act, in regard to the proprietorship of any estate or small holding shall operate as res adjudicate on any question in any civil action in which the title to that estate or small holding or to any portion or share thereof is in issue.

5. Amendment of registers.

(1) The registered proprietor, or any one of the registered proprietors, of any estate or small holding shall, within one month after the occurrence of any circumstance affecting the accuracy of any particular contained in any return furnished by him under the Rubber Control Ordinance or under this Act, notify in writing that circumstance to the Controller in order that the Controller may make the necessary amendments in the entries relating to that estate or small holding in the Register of Estates or the Register of Small Holdings.

(2) Where a change occurs in the ownership of any registered estate or registered small holding, the new owner, or any one of the new owners, of that estate or small holding shall notify in writing the change to the Controller within one month after the occurrence of the change in order that the Controller may amend the entries relating to the proprietor or proprietors of that estate or small holding in the Register of Estates or the Register of Small Holdings.

(3) Where the registered proprietor, or any one of the registered proprietors, of any estate or small holding dies, the person, or any one of the persons, entering into possession or having control of that estate or small holding or having charge of the business of the deceased shall give written information of the death to the Controller within one month after the date of the death, and shall be responsible for furnishing all such information in regard to that estate or small holding as may be required by the Controller, until the successor or each successor to the deceased's right, title and interest to and in that estate or small holding is registered as the proprietor or one of the proprietors of that estate or small holding.

(4) Without prejudice to the preceding provisions of this section, the Controller may at any time amend any entry in the Register of Estates or the Register of Small Holdings, if he is satisfied, after such inquiry as he may deem necessary, that such entry is incorrect. Before amending any such entry, the Controller shall give notice in writing of his decision to amend that entry and of the particulars of the proposed amendment to the registered proprietor or each registered proprietor or other person who, in his opinion, will be affected by such amendment.

6. Registered proprietors to furnish returns in respect of certain matters periodically.

Where the extent of an estate exceeds the prescribed extent, the registered proprietor, or any one of the registered proprietors, of that estate shall, on or before the tenth day of each month, furnish to the Controller in respect of that estate a return setting out the following particulars—

(a) the quantity of rubber from that estate produced during the preceding month;

(b) the quantity of rubber from that estate sold during the preceding month;

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