RUBBER ACT, 1947
(1) This Act may be called The Rubber Act,1[* * *] 1947. (2) It extends to the whole of India2[except the State of Jammu and Kashmir.]
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1. The brackets and words "(Production and Marketing)" were omitted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 3 (1-8-1955).
2. Substituted for "except Part B States" by the Part B States (Laws) Act, 1951 (3 of 1951), section 3 and Sch. (1-4-1951).
1[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 rubber industry.]
In this Act, unless there is anything repugnant in the subject or context--
(a) "Board" means the1[* * *] Rubber Board constituted under this Act;
(b) "dealer", means any person who deals in rubber, whether wholesale or retail or holds stocks of rubber, and includes the representative or agent of a dealer;
(c) "estate" means any area administered as one unit which contains land planted with rubber plants;
2[(cc) "Executive Director", means the Executive Director appointed under this Act;]
(d) "export" and "import", mean respectively taking out of, and bringing into3[India] by sea, land or air;
4[(cc) "India" means the territory of India excluding the State of
(1) As soon as may be after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Board to be called the 1[*] Rubber Board.
(2) The Board shall be a body corporate by the name of 1[*] Rubber 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.
2[(3) The Board shall consist of--
(a) a Chairman to be appointed by the Central Government;
3[(b) two members to represent the State of 4[Tamil Nadu], one of whom shall be a person representing rubber-producing interests;
(c) eight members to represent
(1) If any authority or body fails to make within a reasonable time any nomination which it is entitled to make under section 4, the Central Government may itself nominate a member to fill the vacancy.
(2) Where a member of the Board dies, resigns or is removed, or ceases to reside in India, or becomes incapable of acting, the Central Government shall, on the recommendation of the authority or body entitled to nominate the member under section 4, or where such recommendation is not made within a reasonable time, then on its own initiative, appoint a person to fill the vacancy.
(3) No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution, of the Board.
1[6. Salary and allowances of Chairman
2[A person appointed as the whole time Chairman] shall be entitled to such salary and allowances and be governed by 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 Government3[and a person appointed as the part time Chairman shall be entitled to such honorarium and, allowances, if any, and such other conditions of service as may from time to time be fixed by the Central Government].
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1. Sections 6 and 6-A were substituted for the former section 6 by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 7 (1-8-1955).
2. Substituted for the words "The Chairman" by the Rubber (Amd
1[6A. Executive Officers of the Board.--
2[(1) The Central Government may appoint an Executive Director to exercise such powers and perform such duties under the direction of the Board as may be prescribed or as may be delegated to him by the Chairman.]
3[(1A)) The Central Government shall appoint a Rubber Production Commissioner to exercise such powers and perform such duties under the direction of the Board as may be prescribed.
(2) The Central Government shall appoint a Secretary to the Board to exercise such powers and perform such duties under the direction of the Board as may be prescribed or as may be delegated to him by the Chairman.
(3)4[The Executive Director, the Rubber Production Commissioner] and the Secretary to the Board shall be enti
1[(1)* ******]
(2) The Board may appoint such2[*] Committees as may be necessary for the efficient performance of its duties and functions under this Act.
(3) The Board shall take the power to co-opt as members of any Committee appointed under sub-section (2) such number of persons who are not members of the Board, as it may think fit.
(4) The Board may appoint and authorize agents to discharge on its behalf any of its functions in relation to the marketing or storing of rubber.
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1. Sub-section (1) was omitted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 8 (1-8-1955).
2. The word "other" was omitted by t
(1) It shall be the duty of the Board to promote by such measures as it thinks fit the development of the rubber industry 1[***].
(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for--
(a) undertaking, assisting or encouraging scientific, technological and economic research;
(b) training students in improved methods of planting, cultivation, manuring and spraying;
(c) the supply of technical advice to rubber-growers;
(d) improving the marketing of rubber;
3[(da) improving the quality of rubber and implementing the standards for quality, marking, labelling and packing for the rubber produced or proc
1[8A. Power of the Board to import rubber for sale, or to purchase rubber in the internal market
It shall be lawful for the Board with the previous approval of the Central Government to import rubber for sale, or to purchase rubber, in the internal market at such prices as the Central Government may fix.]
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1. Sections 8-A and 8-B were inserted by the Rubber (Production and Marketing)Amdt. Act, 1954 (54 of 1954), section 10(1-8-1955).
1[8B. 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.]
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1. Sections 8-A and 8-B were inserted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 10(1-8-1955).
2[(1) There shall be a fund to be called the Rubber Development Fund and there shall be credited,--
(a) all sums forming the funds of the Board immediately before the commencement of the Rubber (Amendment) Act, 2009;
(b) the proceeds of cess paid to the Board by the Central Government under sub-section (7) of section 12;
(c) any sum of money that may be paid to the Board by way of grants or loans by the Central Government;
(d) internal and extra budgetary resources of the Board;
(e) all moneys received and collected under section 26A; and
(f) any other sum that may be levied and collected under this Act and the rules made thereunder.
2[***]
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1. Substituted for "the States" by the Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Schedule (1-4-1951).
2. Omitted by the by the Rubber (Amendment) Act, 2009 previous text was : -
"(1) Every person owning land planted with rubber plants, whether such land is comprised in one estate or in more than one estate and whether it is situated wholly or partly in1[India], shall, before the expiry of one month from the date of commencement of this Act, apply to the Board to be registered as an owner in respect of each owned by him.
(2) A registration once made shall continue in force until it is cancelled by the Board."
(1) The Central Government may,1[* * *] by order published in the official Gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of rubber, either generally or in specified classes of cases.
(2) All goods to which any order under sub-section (1) applies shall be deemed to be goods of which the import or export has been prohibited or restricted under section 19 of the Sea Customs Act, 1878, and all the provisions of that Act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word "shall" therein the word "may" were substituted.
(3) If any person contravenes any order made under sub-section (1), he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Sea Customs Act, 1878, as applied by sub-secti
1[(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be levied as a cess for purposes of this Act, a duty of excise on all rubber produced in India at such rate, not exceeding 2[two rupees] per kilogram of rubber so produced, as the Central Government may fix.
(2) The duty of excise levied under sub-section (1) shall be collected by the Board in accordance with rules made in this behalf either from the owner of the estate on which the rubber is produced or from the manufacturer by whom 3[such rubber is used or from the exporter by whom such rubber is exported:]
4[Provided that the Central Government may, if considered necessary in the public interest, by order for reasons to be recorded in writing, exempt or reduce the duty of excise on rubber exported on such terms
(1) The Central Government may 2[if it deems necessary,] 1[* * *] by order published in the official Gazette, fix the maximum price or the minimum price or the maximum and minimum prices to be charged, in the course of a business of any class specified in the order, for rubber of any description so specified.
(2) Any such order may fix different maximum or minimum prices to be charged in the course of business of different classes for the same description of rubber.
(3) If any person buys or sells, or agrees to buy or sell, rubber at a price which is more than the maximum price, or less than the minimum price, fixed under sub-section (1) in that behalf, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
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No person shall sell or otherwise dispose of and no person shall buy or otherwise acquire, rubber except under and in accordance with the terms of a general or special licence issued by the Board.
1[ *********]
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1. Proviso was omitted by the Rubber (Production and Marketing) Amdt. Act, 1949 (50 of 1949), Section 2 (8-12-1949).
(1) Every general licence issued under section 14 shall be published by the Board in the Gazette of India and in such newspapers as the Board may direct.
(2) A special licence issued under section 14 shall be valid only for such period as may be specified therein :
Provided that the Board may from time to time extend the period of validity of any such licence.
(3) The Board may at any time for reasons to be recorded by it in writing revoke a special licence granted under section 14, and on such revocation it shall be returned to the Board by the person to whom it was issued.
(4) No application for special licence made by a person who was carrying on business as a dealer or manufacturer immediately before the commencement of this Act shall be rejecte
(1) No person not being the owner or occupant of an estate or a person who has acquired rubber under a general or special licence issued by the Board under section 14 shall have any rubber in his possession.
(2) Any Court trying a contravention of sub-section (1) may, without prejudice to the provisions of section 26, direct that any rubber in respect of which the Court is satisfied that such contravention has been committed shall be forfeited to Government.
1[(1) The Board shall implement the standards for quality, marking, labelling and packing for various marketable forms of rubber, for the rubber produced or processed in, imported into or exported from, India.
(2) Any officer of the Board authorised by the Chairman may at any reasonable time inspect the rubber sold or purchased by any dealer or processor at any factory or other premises of a dealer, processor or manufacturer or exporter for the purpose of ensuring the compliance of the standards under sub-section (1).]
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1. Substituted by the Rubber (Amendment) Act, 2009 previous text was : -
"(1) The Board shall implement the standards for quality, marking, labelling and pa
1[***]
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1. Omitted by the Rubber (Amendment) Act, 2009 previous text was : -
"(1) Every holder of a licence issued under section 17 shall, at such times as the Board may require, furnish to it a report specifying the areas newly planted or replanted during the period to which the report relates and containing such other particulars as may be required by the Board.
(2) The Board may revoke any licence issued under section 17, if it is satisfied that the licence was obtained by misrepresentation or fraud or if the licensee contravenes any of the terms of the licence or if the licensee fai
The Board may levy such fees as may be prescribed for the issue and renewal of special licences under section 14, 1[or section 15].
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1. Substituted by the Rubber (Amendment) Act, 2009 previous text was : - "section 15 or section 17"
Subject to such exceptions as may be prescribed, every owner, every manufacturer, and every holder of a special licence issued under section 14 not being an owner or a manufacturer, shall--
(a) submit to the Board, such returns at such times, in such form, and containing such particulars, as may be prescribed;
(b) maintain true and correct accounts and other records pertaining to his estate or business, as the case may be, in such form as may be prescribed;
1[(c) permit any person authorized in this behalf by the Central Government or by the Board or any member of the Board authorized by the Chairman in writing or any officer of the Board to inspect the accounts and records referred to in clause (b)].
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1[Any person authorized in this behalf by the Central Government or by the Board or any member authorized by the Chairman in writing or 2[any officer of the Board authorised by the Chairman may] at any reasonable time inspect any place of business of a dealer or any factory or other premises of a 3[manufacturer or processor, for] the purpose of verifying any statement or return submitted under this Act or for any other purposes of this Act.]
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1. Substituted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 17 (1-8-1955).
2. Substituted by the Rubber (Amendment) Act, 2009 previous text was :- "any officer of the Board may"
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(1) All acts of the Board shall be subject to the control of the Central Government which may cancel, suspend or modify as it thinks fit any action taken by the Board.
(2) The records of the Board shall be open to inspection at all reasonable times by any officer authorized in this behalf by the Central Government.
1[(1) Without prejudice to the foregoing provisions of this Act, the Board shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:
Provided that the Board shall, as far as practicable, be given opportunity to express its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of the policy or not shall be final.]
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1. Inserted by the Rubber (Amendment) Act, 2009.
Any person aggrieved by an order of the Board refusing to issue or renew, or revoking, a special licence under the provisions of section 14, section 15 or section 17 may, within sixty days of the making of the order and on payment of the prescribed fee, appeal to the Central Government, and the decision of the Central Government thereon, and subject only to such decision the order of the Board shall be final and shall not be called in question in any Court.
(1) The Board shall keep such accounts, in such manner and in such form as may be prescribed, of all moneys received and expended by it.
(2) The Board shall cause the accounts to be audited annually by auditors appointed by the Central Government, and the auditors shall have the power to disallow any item of expenditure which in their opinion has not been properly incurred under this Act.
(3) The Central Government may, on the application of the Board, allow any item of expenditure disallowed by the auditors under sub-section (2).
1[The Central Government may, by notification in the Official Gazette, direct that any power exercisable and functions performed by it under this Act may be exercised and performed in such cases and subject to such conditions, if arty, as may be specified in the notification by such officer or authority as may be specified therein.]
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1. Inserted by the Rubber (Amendment) Act, 2009.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely :--
(i) principles regulating the nomination of members of the Board by the Central Government under clause (d) of sub-section (3) of section 4, and the election or nomination of the members referred to in clauses (b) and (c) thereof .
Provided that before making any nomination in the exercise of its powers the Central Government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause (d);
(ii)
1[(1) The Board may, with the previous approval of the Central Government, by notification make regulations, not inconsistent with the provisions of this Act and the rules made thereunder, to carry out its functions.
(2) Every regulation made under sub-section (1) shall be laid before each House of Parliament.]
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1. Inserted by the Rubber (Amendment) Act, 2009.
1[(1) If any person --
(a) contravenes any provision of this Act, other than section 11 or section 13, or any rule made under this Act, or
(b) in any report or return to be furnished under this Act, makes any statement which is false and which he knows to be false or does not believe to be true, or
(c) obstructs any officer of the Board in the discharge of any duty imposed on or entrusted to him by or under this Act, or
(d) having the control or custody of any account book or other record, fails to produce such book or record when required by any authorised officer to do so,
he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to 3[five thousand r
1[Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), any offence punishable under this Act may, either before the institution of prosecution or with the permission of the Court after the institution of the prosecution, be compounded by the Board on payment to the Board such sum of money as does not exceed the value of the goods in respect of which contravention has been committed.]
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1. Inserted by the Rubber (Amendment) Act, 2009.
No prosecution for any offence punishable under this Act shall be instituted except by or with the consent of the Central Government or the Board.
1[27A. Jurisdiction of Courts
No Court inferior to that of a Presidency Magistrate or of Magistrate of the first class shall try any offence punishable under this Act.]
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1. Inserted by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 20 (1-8-1955).
No suit, prosecution of other legal proceedings shall lie against the Board or any officer of the Board for anything in good faith done or intended to be done under this Act.
[Repealed by the Rubber (Production and Marketing) Amdt. Act, 1954 (54 of 1954), section 21 (1-8-1955).]
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