TEA CONTROL ACT

Arrangement of Sections

1. Short title.

PART I

Registration of tea 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.

PART II

Registration of tea manufacturers and tea factories operated by them

6. Register of Manufacturers.

7. Persons in possession of tea factories who are not, or who are not deemed to be, registered manufacturers to furnish returns.

8. Determination of question relating to registration.

9. Manufacture of made tea in registered factories.

10. Registered manufacturers to notify Commissioner of any change in the particulars contained in returns.

11. Registered manufacturers to furnish returns of the tea manufactured.

PART IIA

Development and Maintenance of Tea Plantations and Tea Factories and Consequences for Non-compliance with orders issued by the Commissioner

11A. Duties of registered proprietors and registered manufacturers with regard to development and maintenance of estates, small holdings and factories.

11B. Commissioner's power to call for information relating to estates, small holdings and factories.

11C. Matters to be taken into consideration by Commissioner in determining required standard.

11D. Advisory Committee on norms of maintenance and development.

11E. Commissioner's power to issue orders, and appeals to Minister.

11F. Diversification to approved crops.

11G. Acquisition of registered estates, registered factories and registered small holdings.

11H. Revocation of vesting order.

11J. Taking possession of registered property.

11K. Prevention of or obstruction to taking possession of any registered property for and on behalf of the Government.

11L. Compensation in respect of registered property vested in the Government.

11M. Interest on compensation.

11N. Date of commencement of accruement compensation.

11P. Manner and mode of payment of compensation.

11Q. Determination of compensation.

11R. Payment of compensation.

11S. Provision for cases where compensation is not accepted.

11T. Deductions from compensation.

PART III

Control of the planting and replanting of tea

12. Planting or replanting of tea to be under the authority of a permit issued by the Commissioner.

13. Application for permits.

14. Tea planting or replanting permits.

PART IV

Control of the possession, sale, transport and purchase of tea, green tea leaf and Produce tea

15. Possession of tea.

16. Sale and Purchase of tea.

16A. Transport of tea.

17. Licensed dealers.

18. Duties of licensed dealers and manufacturers manufacturing made tea from green tea leaf which is not the produce of their estates or small holdings.

19. Declaration to be received with made tea or green tea leaf delivered.

20. Taking or making delivery of tea or possession often in excess of the prescribed quantity.

21. Licenses issued under the tea Thefts Prevention Act.

22. Restriction of possession of refuse tea.

23. Restriction of sale or purchase of refuse tea.

24. Permits for purchase of refuse tea.

PART V

Control of the export of tea and of tea planting material

25. Export of made tea.

26. Application for licenses.

27. Furnishing of monthly returns of made tea exported.

28. Export of tea seed.

29. Applications for a planting material export permits.

PART VI

[repealed]

PART VII

Appeals and offences

37. Appeals.

38. Contraventions of provisions of this Act or of regulations.

39. Non-compliance with directions, requirements, prohibitions or restrictions under this Act.

40. Resistance to or obstruction of persons performing duties under this Act.

41. Making of false declarations records, or returns.

42. Possession by registered proprietor of estate or small holding of articles in excess of the quantity specified in declaration for purposes of section 19.

43. Discrepancy in quantity of made tea or green tea leaf in licensed premises of licensed dealer or in tea factory of manufacturer and quantity entered in the register.

44. Possession by certain registered proprietors of quantity of made tea or green tea leaf which he cannot reasonably account for to be an offence.

45. Punishment of offences under this Act.

46. Transmission to Commissioner of proceedings on conviction of licensed dealer.

47. Commissioner's sanction necessary for prosecution.

48. Compounding of offences.

PART VIII

General

49. Regulations.

50. Appointment of Commissioner and other officers.

51. Appointment of holders of pensionable posts in the public service to the staff of the Tea Control Department.

52. Powers of the Minister and of the Minister in charge of the subjects of Commerce and Trade in regard to the Commissioner.

53. Delegation of Commissioner's powers.

54. Commissioner's power to call for information.

55. Powers of entry and Inspection.

56. Establishment of Tea Advisory Board.

57. Duties of the Tea Advisory Board.

58. Subject to any such regulations, such board may regulate its own procedure. Verification of returns, explanations and information.

59. No stamp duty on declarations.

60. Gratuity scheme.

61. Repeals.

62. Savings.

63. Interpretation.

39 of 1974,

14 of 1975,

51 of 1957,

26 of 1962,

32 of 1966,

3 of 1983,

10 of 1983,

3 of 1993.

AN ACT to provide for the registration of tea plantations and the proprietors thereof; for the registration of tea manufacturers and of the factories operated by them; for the development and maintenance of tea plantations and tea factories and consequences for non-compliance with orders issued by the Commissioner; for the control of the planting and replanting of tea, the possession, sale, transport and purchase of tea, and the exportation of tea, tea seed and such parts of the tea plant as are capable of being used for propagation; for the imposition of an export duty on tea; for the establishment of a Tea Advisory Board; and for matters connected therewith or incidental thereto.

[Subs by s 2 of Law 39 of 1974; Am by s 2 of Act 3 of 1983.]

[Date of Commencement: 1st January, 1958]

1. Short title.

This Act may be cited as the Tea Control Act.

PART I

REGISTRATION OF TEA PLANTATIONS AND THE PROPRIETORS THEREOF

2. Register of Estates and Register of Small Holdings.

(1) The Commissioner 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 Commissioner 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 Tea Control Act of 1949 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 Tea Control Act of 1949 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 Tea Control Act of 1949 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 Tea Control Act of 1949 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 Tea Control Act of 1949 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 Tea Control Act of 1949 shall, within six months after the
appointed date, furnish to the Commissioner a return in the prescribed form.

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

(3) Where the Commissioner 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 Commissioner, under the preceding provisions of this section, fixes a later date in relation to any person, such person shall furnish the return before that date.

4. Determination of questions relating to registration.

(1) The Commissioner shall decide—

(a) whether any land planted with tea 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 Commissioner 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 anyone 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 Tea Control Act of 1949 or under this Act, notify in writing that circumstance to the Commissioner in order that the Commissioner 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 Commissioner within one month after the occurrence of the change in order that the Commissioner 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 Commissioner 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 Commissioner, 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) The Commissioner 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 Commissioner 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.

PART II

REGISTRATION OF TEA MANUFACTURERS AND TEA FACTORIES OPERATEDBY THEM

6. Register of Manufacturers.

(1) The Commissioner shall maintain a Register of Manufacturers in which he shall cause the prescribed particulars relating to manufacturers of tea and the prescribed particulars relating to the tea factories of such manufacturers to be registered.

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

(3) Where the prescribed particulars relating to any tea factory are registered in the Register of Manufacturers, that factory shall, for the purposes of this Act, be a registered factory so long as the registration relating to that factory is in force.

(4) The Register of Manufacturers maintained or deemed to be maintained under the Tea Control Act of 1949 shall be deemed to be a Register of Manufacturers maintained under this Act.

(5) Every person who, on the day immediately preceding the appointed date, is, or is deemed to be, a registered manufacturer under the Tea Control Act of 1949 shall be deemed to be a registered manufacturer for the purposes of this Act so long as the registration relating to that manufacturer is in force.

7. Persons in possession of tea factories who are not, or who are not deemed to be, registered manufacturers to furnish returns.

(1) A person who, being lawfully in possession of a tea factory, manufactures made tea at that factory, but who, on the day immediately preceding the appointed date, is not, or is not deemed to be, a registered manufacturer under the Tea Control Act of 1949 shall, within one month after the appointed date, or within one month after the date on which he lawfully enters into possession of the tea factory, whichever is earlier, furnish to the Commissioner a return in the prescribed form.

(2) Where the Commissioner 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 Commissioner, under the preceding provisions of this section, fixes a later date in relation to any person, such person shall furnish the return before that date.

18. Determination of question relating to registration.

(1) The Commissioner shall decide—

(a) whether any person is entitled to be registered as a manufacturer for the purposes of this Act, and

(b) whether any tea factory should be registered for the purposes of this Act.

[S 8(1)am by s 2 of Act 26 of 1962.]

(2) Where the Commissioner is satisfied, after such inquiry as he may deem necessary—

(a) that the building, or equipment, or manner of operation, of any tea factory is not of a standard conducive to the manufacture of made tea of good quality; or

(b) that the owner of a tea factory has paid for green tea leaf bought by him for manufacture at such factory a price lower than the reasonable price payable as determined by the Commissioner having regard to the price fetched for made tea manufactured at that factory; or

(c) that the owner of a tea factory has delayed payment of the reasonable price, referred to in paragraph (b) for green tea leaf bought by him for manufacture at that factory, the Commissioner may suspend or cancel where necessary, the registration of such tea factory or—

(i) in any case referred to in paragraph (b), direct any broker to whom the owner of such tea factory has sold any made tea manufactured at that factory, to deduct from the proceeds of such sale, an amount equivalent to the difference between the reasonable price for green tea leaf as determined by the Commissioner and the actual price paid by such owner for the green tea leaf bought by him;

(ii) in any case referred in paragraph (c), direct any broker to whom the owner of such tea factory has sold any made tea manufactured at that factory, to deduct from the proceeds of such sale, an amount equivalent to the reasonable price determined by the Commissioner for such green tea leaf, and to remit the sum so deducted to him, for payment by him, to the person supplying such green leaf to such factory.

[S 8(2) subs by s 2 of Act 3 of 1993.]

9. Manufacture of made tea in registered factories.

No person shall manufacture made tea except in a registered factory.

10. Registered manufacturers to notify Commissioner of any change in the particulars contained in returns.

(1) A person who is a registered manufacturer 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 Tea Control Act of 1949 or under this Act, notify in writing that circumstance to the Commissioner in order that the Commissioner may make the necessary amendments in the entries relating to that manufacturer in the Register of Manufacturers.

(2) Where a person who is a registered manufacturer ceases to carry on the business of a manufacturer, he shall notify that fact to the Commissioner within one month after his ceasing to carry on such business; and the Commissioner may, if he is satisfied that such person has ceased to be a manufacturer, cancel the registration of such person as a manufacturer.

(3) Where a change occurs in the ownership of any registered factory, the new owner, or any of the new owners, of that registered factory shall notify in writing the change to the Commissioner within one month after the occurrence of the change in order that the Commissioner may amend the entries relating to that registered factory in the Register of Manufacturers.

(4) Where a registered manufacturer dies, the person, or any one of the persons, entering into possession or having control of the tea factory operated by that manufacturer, or having charge of the business of the deceased, shall give written information of the death to the Commissioner within one month after the date of the death, and shall be responsible for furnishing all such information in regard to that tea factory as may be required by the Commissioner, until the successor or each successor to the deceased's right, title and interest to and in that tea factory is registered as the manufacturer or one of the manufacturers operating that tea factory.

(5) The Commissioner may, at any time, amend any entry in the Register of Manufacturers, if he is satisfied, after such inquiry as he may deem necessary, that such entry is incorrect. Before amending any such entry, the Commissioner shall give notice in writing of his decision to amend that entry and of the particulars of the proposed amendment to the registered manufacturer or other person who, in his opinion, will be affected by such amendment.

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