 bill no 1~ of 1_ the tobacco board (amendment) bill, 1111a ~ fuf'thero to gmeftd 'the tobacco boo:rd act, 1975 be it enacted by parliament in the 'l'hirty-sixth year of the republtc at india as fo1lowa:-i 1 (1) this act may be called the tobacco board (amendment) act, short 1eat ~ i ' title uui 5 (2) it shall come into foree on such date as the central government meracement 10 may, by dottftcation in the 0fbeial gazette, appoint -z ja aectiod 4 of the toinu:co board act, 1175 (bereiufter referred amend to - tile priiielpai aet),-ment of sectlaft 4 (ii) ill mit ie" ;(4),-(1) in  (e),-co , the  "  membel'll", the wards "ted _  len" ,un be substituted,· ad ( (ii) the fouowidl' proviso shall be idseried at the ead, liiuileiy:-"provided that the d1i1dber of jdeldben appointed ~ thhi eia  froid aldojiiit the crowen of tobeeeo " ot uteed 1ik"; (2)  dilule (e), the following clauses swl he baserteci, ~: "'··(1) tile acftcuiturai marketbajr advter to the gov ___ t 01 iddia, department of bural developmeat, e: ofido; (9) the bacutift dlreriojo, e1: o!7ieio:"; (b) after sub-seeiion (4), the foilowidl sub-section shall he inserted, damej,:~u ' t, o ,~o;'(4a)' itis'}loref,y declared that the 'office of membel' of the board abell not disqualify its holder for beida' eholed a, or for 'bein" a member of either bouie of parliameat"; 5 (e) in sub-section (7), for the words "the executive direetor and any such officer" tht~ words "any oftlee1'''' shall be suhltituted 3 in section 8 of the principal act, in sub-section (2), for clause (0), the following clause shall be substituted, namely:-amend ment of section 8 "(a) ~egulating the production and curing of virginia tobaeco 10 having regard to the following factors, namely:-(i) the demand for virginia tobacco in india and abroad; (ii) the suitability of land for growing virginia tobacco; (iii) the differences in soil characteristics and agro-climatic factors in different regions of the country where virginia tobacco 15 is grown and the effect thereof on the quality and quantity of r-'  - v~nia tqbacco produced in those regi~ns; (iv) the marketability of difterent types of virginia tobaceo; , (v) the need for rotation of emps; 'and (vi) the nature of the h6ldings of the growers of virginia 20 tobacco whether owned or ieiiifd;" inser-4 after section 10 of the principal act, the'followbig settion shall be tion of iris~rlcd, ' namely:-new section loa j "loa (1) no person shall grow ~ginia tobacco 'seedlings  for commercial purposes unless, he re,giste~~lmself as a bursery 'grower 25 with the board in' accordbr1ce with the rules rtuh:le underttim ·act explanation-for the removal of doubts, 'it is '·h~by·di!atec:i that nothing in this sub-section shall apply to'tl1e'grovtltig:t;y-ar4ltrtered grower of any virginia tobacco seedltngslfer'-jhibft1wtlllle registll'-tionqf· growe1'&; of virginia to~' seedlings fot'cbmmercial purposes (2) no registered nursery grower-stian §ell 'or 'oatie to be sold 30 r' 'anyvirlinia 'toba108d "ihdiinp ,grown rby him· to any person other than a registered grower" "5 mtersection 11 of the principal act,' the following sections shall be inserted, namely:-insertion otnew sections lla and lib , ,iilla ,nopeaon, sllau ,prooes& "ivgin~,toba~~oo)/'(·gl8nufacture 85 products therefrom unless he registers himself as &uca f~r or  ,,-an",fact)j,rer as ,tbe ,c,ese may be, with the bp~d in accordance with ,;'/ ~j!\jlmade, uacier this  act , ' , - ', "1""- : -: i, registration of proces· sors and manufacturer of viilinia to~ i'!tc  corrigenda, t'1 the tobacco board (amendment) bill 1985 eto be/as introd uced in loi{ sabha 71 page 3, line 30:-i2!: "which by" read "which he" - -2 page 4- line 25,- fs2i "clause (b)" !!s!! " clause (g) " - 3 page 4, line 43,-fz " in" read "to" -4 page 10, line 4- , for "auct ioners" -read "aucti oneers" -new delhi; august 6 j 1985 - '~ravana 15 1907 (saka) -  1~1:3 ~ ~ sball-r ~\{i) take up grading work relatini ·to virginia tobacco far commercial purposes; or (it) take up the co~tion and ()peration of a barn, 5 unless he obtains  a licllllce' from the' board  in accordance with tke rules made under this aet  t~_\>e ob~ed '" ! for jrad~' ing work and coils truction of barns ctc ' ~--for the pw'poiies of this sectwd,- (i) "bam" means a building or structure with a roof" of zinc sheets or tiles having flue pipes, furnace and tiers used for 10 flue curing of tobacco leaves; (i4) "gldng work" iiltll'ls separating tobacco leaves' into s1iec:ifte  on the bmia of plftlltpcwuion, matwity colour, bedty 8114 ~ish ~d in acoordance 'with such epecriftce,tions as !ny' bep~bed" 15 6 aft~r section 13 of the principal act, the following sections shall 'tie- inserted, namely:-insertion of new sections 13a and 13b i/13a no reiistered dealer of registered e~ppner s11all pllfchase or ca\1s8 to be purchased virginia tobacco elsewhere-duty9f " retif$ared d~f and ex porters to 20 (a) than at an auction platform regist8lled with the board in accordance with the rules made under this act or established by the;board under this act; or pu~h"'!1~  at aljcion  (b) than from any other registered dealer or a registered grower or curer: m~fqrd1s, etc provicied that in:relation to 'buy ·state in which the ptovisions of lis sec4iion liare not in foree, the conditlton specified under clause (a) fhill not «pply l~ ~v"y  who puccbwlea vir~ia to~o in any state in"w~the pw~i\" of sec~n 13 are·not in follce,-, (u) shall pay the full price for the whole quantity ot virginia tobacco so purcnased by win, 4t the-,r~~ ~t vdli~\l by agreed to purchase such tobiu:co and shall refrain from c!8iming aray  ijl·6e wetgbt or othercleductious in weight thereof or;  c!aciuctiod1rom die pliiee aacalculated' in accordance with such rate; -duty-of lbuyeniof virgtdi' to~oat ~ qthe,r -t • \ auctiop'" i platfdtftj> to refrain from certain unfair practices (b) shallpay'the;full prieefor virgj:nia tobacco so purchased ·by hlril as c8lculated:ba:~ac~ w!u\·the p~ni ~ clause -ell) '  ;~cuttoualy as' possible~ add in' anyeasewitliin such reasonable time a!·may:be '-speelfted in  this behalf by the board; t , ~ ap~ 40-' ;  ,~-- ~r (crl -u 'mktn "friom bav"" recourse to any practices which the board may, having regard to the need for'protection qf periiollf ~g ~pia  ~~oin ~h s~ and all other --relevant considerations, speci4' to·~ ,u,nwr~~'  "  7 in section 14 of the principal ad, tor the words and ftcaret r4for registration of cu,rers for the purposes of section 11", the words, ftgurei and letters "for registration of nursery p,oweh for the purpoaes of lietion loa, for registl"ation of curers for the p1u'poles of section 11, tor registration of processors and manufacturers for the purposes of section 5 l1a, for obtaining licences for '~g up gracunl wox:k or cc?di~oli add operation of barns under section llb" shall be substituted 8 mter section 18 of the principal act, the followidg aectioll ihalj be inserted, namely:-insertionol newaectlonl8a writln, off of 1ouea "18a subject to such conditions 88 may be lpecitled by the 10 central government, where the board ia of opinion that any amount due to, or any 1088, whether of money or of property, idcurrec1 by, the board· is irrecoverable, the board may, with the· previous appro-\'al of the central government, sanction the writing off ftnally of the said amount or loss: 15 provided that no such approval of the central government shall be necessary where such irrecoverable amount or loss does not exceed in any individual case and in the aggregate in any yea; such amounta as may be prescribed" i 'in section 19 of the princi~ act, in sukection (1), for the words 110 "profit and loss account", the w()rds "income and expenditure account" shall be substituted amedclment of teetion 18 10 after section 20 of the principal act, the following mction shall be inserted, namely:-"20a without prejudice to the provisions of clause (b) of sub- ~5 ileuon (2) of section 8 and notwithstanding anything contained in any other provision of this act, if the central government 11 utisfted that it is necessary or expedient 80 to do, it may, by order in writing and subject to such conditions and umitations as may '" speclfted in the order, authorise any body or other agency to purchase virginia so tobacco from the growers and dispose of the same in india or abroad" inaertiono! nfl'll ec:-uon20a powero! central governmentto authorise purcbue of vir-jinia tobacco 11 in section 25 of the principal act,-ajnedc!-mat of hctlod  (4) for the words "or of any rules made thereunder", the ",orela "or of any rules or regulatiods made thereunder" aba1l be aubstltu-~ ~ (b) for the words "extend to' six months, or with fine whlch may ex1lend to one thousand rupeel, or with both", the wotdt "extend to two years, or with flne which may extend to five tboulu1ti rupees, or with both" shall be substituted i! in section 32 of th~ principal act, in sub-section (2)',-40 (4) after clause (9), the following clause shall be ~cj, namely:-amerld-ment of ~n iii "(ga) the speciftcauons with regard in grading work; referred to in aeetlon 11bi": (b) after clause (j), the following clause shall be inserted, namely:-a (;4)  the amounts foft the purposea of the proviso to section lea;"  5  ia ia 8ecti0ll 3i of the fid~ act, amidd (a) in iub-action (z), after clause (h), the following clause =:t , bhau beinserted namely:-_ "(i) the time within 'fidich tull price for virgldia tabacoo iball be paid under clause (b), and the unfair practices for the purpose 10 of clause (c), of section 138"; (b) after sub-seetion (4), the following sul>section shall be in- lerteci, naniely:-15 if (5) every regulation made under this secflon shau be laid is ioon as may be after it tsmade, before each house of parliament, while it is in session, for a total period of thirty cia, which may be comprised in one session or in two or mq1'e sueceutve 1811i0d8; and u, befo~, the- expiry  of the seaton  immediately 1ol1owtng· 1be, "on;or the, 8~ive __ ods afaremid both houses agree in making any modification in thenjulation 01 both houses agree that the regulation should not be made, the regulation aball thereafter have e1!ect' only in such modified form or be 'of do tdrect,  the cue may be; 10, however, tkat any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation it the admirdstration of the 'la' •• ~~i -  ~ aiaifa of tm"tolj'p~i~:~·,of  "'~u4,p'q"~s,·ef·~ act and tit8ir mort-comings have been  ~ • a ya,vtt ~  ~g ~ board'to play a more 9ffective role in production development;' market-'mw wftd~tltif·~t!eonr tjilt1)~ !tis l'fopwed imer alia (i) to increase repreaen"'" of h1( _-is _flte~:~board fof ·jywfe eective ~tiqn;  (ii) to ",r the board to regulate ~"'rr f·i~"" on toe b_  ot, ~ 4ifte1'enc:es  in soil charactet:~tjp 1ul4 agro-cumatic -&ctors1ia~t l't!jfoi)s of ·the co\liioy w&re vw~ tobacco is  ~whim"ole ;~the1"eof ollthe' qua1{ty ·~n~'lu1ali~ of virginia tijbf,cw ~ pfod'uce4f~ those; regibl1s; -flii) -tlt4eltm tile ~- dl 4ft11i1lla t  ·  the manu- "'·,udifa·ftiiide  tmtelltn"_·:  ·dlcllflllves with :  ,~ ,  f-' ·ta ,plavt!ffr , • ilf •• m·  40mmercial ~'t  __ :u  ~ 11-_  ~_  barns; '(8) to,piowltuce&:4ain ~~~ia ~ ''''11188 trade'; (m) to provide for poi8cution for contravention of not only the provisions of the act or rules made thereunder but also regulations made under the act and to provide for enhanced penalties for contravention thereof 2 opportunity is being availed of to include in accordance with the teeoliidi8i1daticms of the committee on subordinate legislation (sixth lot sabha, 9th beport), in the act an expreiib provision relating to the power of the tobacco board to write ot! 1 ___ or waive recoveries opportunity is also being availed of to provide ftr lkying of regulations wore parliament  • } 3 11te bill- seeks to achieve the- aforesaid obj,eetifts niiwdiim; vlshw anatii'pratap singh, ,he 29th july, 1985 ol~ ~1o"be ~ 'by tiie'et!rltilat ~t!ftjftll'ftt fl"cj1ll' oi1npt ~~ oftobitec;o,aas uti 'e'jc~s ~sutlftt~) ot;ro~, bii'd'f6~ p~ucfs, ~~ ·of·tpb~ »~~; ~" mfin • ~~~, to'1l!'n '''i'h1s wi involve kj1glftbr mm-e ~~drtateod 'trly\dttn atttiyt-(mee and daily allowance to be -plici10 'the non~ -m~bfl~ii·­attending the m~tings of the board and ita, comnpttee$ ,it iif not ~j11e afthe jpteslm-t st~r,e' to'thareate,~i'~ amtl~sial '~ture'td:­vlslt'e4"pm- 'att'htftn' ho\\l'~, ltis emrtiatelt'tl1at' ~·~fflrrr·ed~: ot~:1r, im!1dfm~ fs'ltbl-to1)f: ~tred by the 1!uzitl' 'lhe''8bittt , " ' " ,y , ,'  wm ~ tbtj e~e 'alsofto1n lbe 'plfftl,tlts :ijltd~ to ,tt 'br "~~ centr'aygbwlnrn'enl after 'daeappto~it'ion' iliacb! by'~t~'l" ill- tbet bebalf ' -, , cla~ 12 of the bill seeks to amend section 32 of the tobacco board m 19'75 80 as to empower the central government to make rul lor laying down speciflcatioda with respect to gradinl work referred to in  dew section 11b and the factors to which the tobaceo board sull have regard to and the procedure to be followed in writing off loael" waiving recoveries udder new ~on 18a 2 clause 13 of the bill seeks to amend section 33 of the act· to prohibit certain trade practices which are unfair to the interests at the growers of· virginia tobacco  the amendment covers ex:pressly certaiq prac;tices and empowers the central government to cover by rules other s1muar practices which it is not practicable to visualise at this stage :t as the matters with respect to which rules and regulations under the aforesaid provisions are sought to be made are matters of procedure or detail or matters in respect of which it is not practicable to majre expna provtalon in the legislation itself, the delegation of legislative pow ii ot - dol'iiull character  '  \ (4 of 1975)- - - '" - '4 (1)  '" '" '" (4) the boara shall consist of the following members, namely:-~ " - '" - it,tablishment and constitution of tbe &ard (e) not more ~eight members to be appointed by the central governtnent froid 'amongst growers of tpbacco, dealers and exporters ltitch1dingpackets~of tobacco arid tobacco' produofs; man)lfa\'turers· of- tobacco "products and from amongst persons' who, iri the ·opinion 'nf the central government,  are' experts in t<lbacco 'marketing ot r~ricultural economics  ~   / -  - (7) the executive director and any such officer of the central gov-hnment (not being a member of the board) as is deput~d by the central government in this behalf, shall have the right to attend t~ meetings of the board and take part in the proceedings th;reof, but shaq not have the right to vote  - - - - '" 8 11) - '" '" '" - board ,  func-(2)' without prejudice to the generality of the provisions of subtions of section (1), the measures referred to therein may provide for-, the - (a) regulating the production and curing of  virginia tobacco havh~g-' regard to the demand ther~for in india and abroad;  - - 14 the form of application and the form ofcertificnteof registration  uq,dpl' section 10, the' form of application for registi'ation of curers for the purposes of secti01\l1, ·for registration of cxforters, packers or auctioueors of, or dealers in, tobacco, for the purposes of section 12, and for registration of auction platforms for the purpos~ of section 13 the time within which anu the manner in which sucll app!cations' shah be made, the fees payable on such applications, the particulars to be ~pecified the~in, the principles and the procedure to be followed in appliea-  tion, oancf'llauon, fees and other matters relating to reil  tration  ~anting and cancelling certificates of registration or the registration of - auction ,pl~tfonns or, as the case may be, the registration as c1:lrers,  e:(pol'ters, packers or auetioneers of, or dealers in, virginia tob8ceo, the  returns to be submitted by registered growers and registered curers, 'eaporters, packers or auctioners of, or dealers in tobacco, and; the reg~sters to be kept by ~he board &hall be such· as may' be prescribed  '" '" - - ,   '" accounts and 4 audit 19 (1) the board' shall maintain proper account and other relevant  records and· prepare an annual statement of ~nts, including the profit uld loss account, and the balance-sheet in ~h form as maybe  prescribed by the ceqtral government in consultation, with the comptroller and auditor-general of india '" '" - '" '" other penalties !s whoever contravenes or attempts to contravene or abets the contravention' of the provisions of tbis ac~ or of luly rules made thereunder other than the provisions, punishment for the contravention whereof bas been provided for in section 20 or section 23 or section 24, shall be punishable· with imprisonment for a terin which may extend to six months, or with fine 'which may extend to one thousand rupees, or with both and in  the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during whick 8uch contravention 'continues after con~ction for the  first such contravention " 