-  the coffee (amendment) bill, 1961(as introduced in lok sabiia on sm may, 1961)  lok sabra corrigendato the coffee (amendment) bill, 1961 (to be/as introduced in lok sabhtl) 1 page 1, line 14,-after "of" insert "the," 2 page 3, line 8,-f01' "barckets" read "brackets" 3 page 5, line 13--after "such" fot' "member" read "number" 4 correct line numbers on page 1 new delhi, may 4, 1961 vaibakha 14, 1883 (saka)  - bill no3' of i,c51 the coffee (amendment) ljill, 1961 (as introduced in lob: sabra)a bill further to amend the cofjee act, 1942 be it enacted by parliament in the tweuth year of the republic of india 9s follows:-1 (1) this act may be called the coffee (amendment)· act, 1961 short title and com-, (2) it shall come into force on such date as the central govern- idc'dciomait ment may, by notificatidn in the official gazette, appt1)int 7 of j942 2 in section 3 of the coffee act, 1942 (hereinafter referred to as ameadmeut the principal act) ,-of aectiod 3 (a) for clause (i), the following clause shall be substituted, namely:-10 '(i) "owner", in relation to any land planted with coffee plants, includes,-(1) any agent of ,the owner, and (2) a mortgagee, lessee or other person in actual possession of land;'; and i, (b) for clause (n), the following clause shall be substituted, namely:-'(n) "year" means the period of twelve months beginning with the first dray of july and ending with the thirtieth day of june next fo1lowing' ~o - 3 in section 4 of the principal act,-(i) for sub-sections (2) and (2a), the following sub-sections =:0: shall be substituted, namely:-"(2) the board shall consist of-«(1) il chairman to be appointed by the central gov~ ernment by notification in the official gazette; (b) three members of parliament of whom two shall be elected by the house of the people and one by the council of s1ates; and (e) such number of other members not exceeding 5 twenty-nine as the central government may think expedient, to be appointed by that government by notification in the official gazette from among persons who are in its opinion capable of representing,-(i) governments of the principal coffee-growing 10 states; (ii) coffee-growing industry; (iii) coffee trade interests; (iv) curing establishments; is (v) interests of labour; (vi) interests of oonsumers; and (vii) such other interests as, in the opinion of the central government, ought -to be represented on the board (2a) the number of persons to be appointed as members 30 from each of the categories specified in clause (e) of subsection (2), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies emong, the membef'd of the board shall be such as may be prescribed"; as  (ii) sub-section (3) shall be omitted amendmcat 4 in section 12 of the principal act, the words, brackets and figures ohoctiod iz !c, except coffee sold and delivered before the estate became subject to the provisions of sub-section (1) of section 14," shall be omitted amcddment 5 in section 13 of the principal act, in sub-section (1), the words 30 of aec:tion 13- "and of any fees" shall be omitted  6 in section 14 of the principal act,-(a) for sub-section (1), the following sub-section shall be  sqbstituted, namely:-"(1) every owner of lend planted with coffee plants,3s whether such land is comprised in one estate or in more than - one estate and whether it is situated wholly or only partly in india, shall, ·before the expiration of one month from the date on which he first became owner of such estate or estates, apply to the registering officer appointed in this behalf by 5 the state government to be registered as an owner thereof"; (b) sub-sections (2) and (4) shall be omitted 7 in section 17 of the principal act,-ameddmedt or secdaa 17 10 (a) for the words, barckets and figures "no registered owner shall, before the estate became subject to the provisions of sub-section (1) of section 14,", the words "no registered owner shall" shall be substituted; and (b) the proviso shall be omitted 8 section 19 of the principal act shall be omitted omisaiod of ioctiod 19 9 in section 20 of the principal act, in the first proviso, for clauses ali!ci!!cjmcdt rs (ii), (iii) and (iv), the following clauses shall be substituted, name- ofaectbuo • ly:-"(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 20 (iii) exported for such purposes and in such quantities as the centrll government may specify in the like manner:" 10 in section a1 of the principal act, in sub-section (1),-ameftdment (a) in clause (b), for the word and figures "section 32", the of sectiod 31 words and figures "section 32; and" shall be substituted; 2s (b) after clause (b), the following clause shall be inserted, namely:-" (c) all fees levied and collected by the board under this act" 11 in section 36 of the pz;ncipal act, in sub-section (1), the 'f::::-t 30 wc?rds and figures "and any person who contravenes the provisions of 0 a 36 section 19" shall be omitted 12 section 41 shall be omitted 13 in section 48 of the principal act,-- (a) in sub-section (2), for clauses (i) and ing clauses shall be sqbstituted, namely:-(ii), the follow-35 "(i) the constitution of the board, the number of personseto be appointed as members from each of the categories specified in clause (c) of sub-section (2) of section 4, the term of office and other concutiods of servfce of the procedure to be followed by, and the manner of ft11ing vacancies among, the members of theboard; (ii) the circiunstances in which, and the authority by s which, members may be removedi"; (b) for sub-section (3) the following sub-section shall be substituted, namely:-"(3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, 10 before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in is the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or qiululment shall be without prejudice to the validity of anything previously done under 20 that rule" reeoastitu-14 on the commencement of this act, the board constituted undel-:nouc!!boud section 4 of the principal act shall stand dissolved and shall be reconlilcdc:cmcdt stituted in the manner provided in section " of that act as amended er thii ai:t by section 3 of this act  statement of objects and reasonssection 4 (2) of the coffee act, 1942 prescribes the composition of the coffee board as a result of the reorganisation of the states and consequent transfer of coffee growing areas from one state to another, it has been found that a redistribution of seats for certain interests represented! on the -board is necessary in order, however, to avoid the necessity of amending the act every time a similat change in the composition of the board is found necessary in the future, it has been decided that, without affecting the general scheme of representation of the various interests on the board, section 4 (2) of the act may be amended so as to provide that the board shall consist of a chairman to be appointed by the central government, three members of parliament and such member of other members, not exceeding twenty-nine, to represent the existing interests 2 in view of the fact that all owners of estates, irrespective of the areas of their estates, have been under an obligation to register themselves under the act since 1943-44 crop season, it is proposed to amend the act so as to bring it into line with the existing position 3 opportunity has been taken to carry out certain other minor amendments in order to remove difficulties which have been experi-' enced in the working of the act new delhi; the 2nd may, 1961 manubhai shah  memorandum regarding delegated legislationclause 13 of the bill which seeks to amend section 48 of the coffee act, 1942 confers on the central government the power to make rules regarding the constitution of the board, the number of persons to be appointed as members froni each of the categories specified in ciause (c) of sub-section (2) of section 4, the term of office and other condi  tions of service of members, the circumstances in which, and the authority by which, members may be removed, etc these are matters of detail and the delegation of legislative power with respect to them is of a normal character  annexure extracts from the coffee act, 1942 (act no 7 of 1942) - • - •3 in this act, unless tjaere is anything repugnant in the subject dtflnitionl or context,--  - - (i) "owner" includes any agent of ieul owner, a mortgagee in possession or a lessee; -  - - (n) "year" means the period of twelve months beginning with the first day of august and ending with the thirty-first day of july next following 4 (1)· - - constitution of the board (2) the board shall consist of-(i) a chairman to be appointed by the central government; - - - - (iii) one person to represent the ('rl)vernment of mysore, to be nominated by that government; (iv) one person to represent the government of madras, to be nominated by tbat government; (v) one person to represent the government of kerala, to be nominated by that government; (vi) two persons to represent the coffee growing industry in kerala; (vii) seven persons to represent the coffee growing industry in mysore; - (viii) three persons to represent the coffee growing industry in madras; - (ix) three persons to repr~nt coffee trade interests, to be nominated by the central government; (x) one person to represent curing establishments, to be nominated by the central government; (xi) four persons to represent labour, to be nominated by the central government; (xii) three persons to represent the interests of consumers, to be nominated by the central government; (xiii) three persons to represent such other interests as in the opinion of the central government ought to be represented, to be nominated by the central government; (xiv) three members of parliament of whom two shall be elected by the house of the people and one by the council of states (2a) the persons to represent the interests referred to in clauses (vi), (vii) and (viii) of sub-section (2) shan be elected or nominated as may be prescribed  - - - -  (3) 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 may, on the recommendation of the authority or body which was entitled to make the first nomination under sub-section (2) , or where such recommendation is not made within a reason8'-ble time, then on its own initiative nominate a person to fill the vacancy - - - - datyof ezeile u (1) the proceeds of the duty of customs and of the duty of excise and of any fees levied under this act (all' of which shall form part of the consolidated fun4 of india), red1lced by the cost of 12 a duty of excise shall be levied at such rate not exceeding eleven rupees and eighty naye paise per quintal as may be fixed by the central government by notification in the official gazette on all coffee, except coffee sold and delivered before the estate became subject to the provisions of sub-section (1) of section 14, which a registered estate is permitted by the internal sale quota allotted to it to sell in the indian market, whether such coffee is actually sold or not, and on all coffee released for sale in india by the board from the surplus pool payment of i'roceedl of isutiel to tho board mclmazmer of reausatiod by tbe board' collection as determined by the central government, shall, if parliament by appropriation made by law in this behalf so provides, be paid to the board for being utilised for the purposes of this act  - - - - 14 (1) every person owning land planted with coffee plants reaistratiod aggregating not less than four hectares, whether such land is com- ~;:ncrs of prised in one estate or in more than one estate and whether it is cltatos situated wholly or only partly in india, shall, unless it is already registered as required by this sub-section, before the expiration 'of one month from the date on which he first becomes subject to the provisions of this sub-section, apply to the registering officer appointed in this behalf by the state government to be registered as an owner and in respect of each estate owned by him (2) the central government may by notification in the official gazette, declare that the provisions of sub-section (1) shall apply to persons owning land planted with coffee plants aggregating less than four hectares~ - - - - (4) if any question arises whether an owner of an estate is or is not required to be registered under this section, the question shall be decided by the chairman, subject to revision by the central government - - - - 17 no registered owner shall, before the estate became subject to salc ofcoft'eo the provisions of sub-section (1) of section 14, sell or contract to ~t:nc:r~~ sell in the indian market coffee from any registered estate if by quota such sale the internal sale quota allotted to that estate is exceeded nor shall a registered owner sell or contract to sell in the indian market any coffee produced on his estate in any year for which no internal sale quota is allotted to the estate: provided that nothing in this section shall apply to coffee sold from a registered estate in excess of the internal sale quota if such sale was in pursuance of a contract of sale entered into before the estate became' subject to the provisions of sub-section (1) of section 14 and if after the estate became so subject no coffee has been sold from that estate in the indian market except in pursuance of a contract of sale entered into before the estate became subject to the provisions of sub-section (1) of section 14  - - - - - 19 no owner of an estate not registered under this act shall ~~~'~kco sell from or store on his estate or cause or permit to be sold from on or from unte,itered - oltatc - or stored on his estate any coffee not grown on the estate, and no owner of a registered estate shall sell from or store on his estate or cause or permit to be sold from or stored on ,his estate any coffee grown on any estate not registered under'~his act ~or 20 no coffee shall be exported from 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 sea customs act, 1878, shall have effect as if the provision made by 8 of 1878 this section had been made by notification issued under section 19 of that act: provided that nothing herein contained shall apply to coffee-- - - - (ii) carried as personal luggage of a passenger, not exceeding one kilogram, or (iii) exported by post or by air in packages containing not more than five kilograms, or (iv) exported by sea as bona fide samples in p,&lckages containing not more than five hundred grams: - - - - general fund ~i (1) to the general fund shall be credited-- - - - (b) any sums transferred to the general fund under the proviso to sub-section (2) of section 32· - - - - ~odtmven-36 (1) any registered owner who contravenes the provisions of =: ~~~;: sub-section (2) of section 16, or section 17 or section 18, any licensed j8 and 19 curer or dealer who contravenes the provisions of sub-section (2) of section 16, and any person who contravenes the provisions of section 19 shall be punishable with fine which may extend to one thousand rupees: i - - - - power of 41 the board shall have power to determine, after such inquiry =a:~e as it thinks fit, the amount of coffee which has, up to the time when amount of it first becomes subject to the provisions of sub-section (1) of section coffee sold been d h b  b, 1d estate 14, sold, or been sold and elivered in t e year y any regll-- tered estate" and the amount so detennined shall be conclusive for the purposes of section 12 and section 17 - - - - 48 (1)· - - powerof the  central gov-(2) without prejudice to the generality of the foregoing power, ~~~ntle to rules may be made providing for all or any of the following  ru s matters:- : (i) the principles regulating the nomination or election of members of the board; i i (ii) the term of office of members of the board, the circumstances in which, and the authority by which, members may be removed and the filling of casual vacancies in the board; - - - - (3) all rules made by the central government under this act shall, as soon as may be after they are made, be laid before both houses of parliament' i & bill further to amend the coffee act, 1942-the president has, in pursuance of clause (i) ot article 117 of the constitution of india, recommended to lok sabh8 the introduction of the bill secretary (shri manubhai shah minister of industry) 