33. Licensing brokers, tea manufacturers, etc.—The Central Government may whenever it thinks
it necessary so to do, by notification in the Official Gazette require that no person shall on and from such
date as may be specified in the notification engage himself as a broker, manufacturer or dealer in tea
waste or engage himself in the business of blending tea except under and in accordance with the
provisions of a licence issued by the Board in accordance with the rules made under this Act; and any
person who on and after such date so engages himself without obtaining a licence issued by the Board
shall be deemed to have contravened the provisions of this section.
34. Power of inspection.—Any person authorized in this behalf by the Central Government or by the
Board or any member so authorized by the Chairman in writing or any officer of the Board may enter at
21
all reasonable times any tea estate or any place or premises where tea or tea waste is stored, kept or
exposed for sale and may require the production for his inspection of any book, register, record or other
paper kept therein and ask for any information relating to the production, storage or keeping for sale of
tea or tea waste.
35. Power of Board to call for returns.—(1) The Board may serve by registered post a notice upon
the owner of any tea estate or any sub-division of a tea estate or upon his manager, requiring him to
furnish, within such period as it may specify in the notice, such returns relating to the production, sale and
export of tea produced on the estate or to any other matter as it may deem necessary.
(2) Where the owner of any tea estate or any sub-division of a tea estate or his manager being
required under sub-section (1) to furnish any return fails to furnish such return within the period specified
in the notice or furnishes a return containing any particular which is false and which he knows to be false
or does not believe to be true, the Board may refuse to allot an export quota to that estate or sub-division
under section 20, or where an export quota has already been allotted, may cancel the unexhausted balance
of that quota and refuse to issue any further export licences against that quota or recognise or give effect
to any transfer of quota under section 21.
(3) The Board may serve by registered post a notice upon any manufacturer, broker, dealer or dealer
in tea waste, requiring him to furnish, within such period as it may specify in the notice, such returns
relating to the manufacture, stock, purchase, sale or export of tea or tea waste as it may deem necessary.
36. Penalty for illicit export.—A breach of the provisions of sub-section (1) or sub-section (2) of
section 18 shall be punishable as if it were an offence under item No. 8 of section 167 of the Sea Customs
Act, 1878 (8 of 1878), and the provisions of section 168 and of Chapter XVII of that Act shall apply
accordingly.
37. Penalty for making false return.—Any person who being required by or under this Act to
furnish any return fails to furnish such return or furnishes a return containing any particular which is false
and which he knows to be false or does not believe to be true shall be punishable with fine which may
extend to one thousand rupees.
38. [Penalty for obstructing an officer or member of the board in the discharge of his duties and
for failure to produce books and records.] Omitted by the Jan Vishwas (Amendment of Provisions) Act,
2023 (18 of 2023) s. 2 and Schedule. (w.e.f. 9-8-2024).
39. [Penalty for illicit cultivation.] Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023
(18 of 2023) s. 2 and Schedule. (w.e.f. 9-8-2024).
40. [Removal of tea planted without permission.] Omitted by the Jan Vishwas (Amendment of
Provisions) Act, 2023 (18 of 2023) s. 2 and Schedule. (w.e.f. 9-8-2024).
41. Penalty for contravention of order relating to control of price and distribution.—(1) If any
person contravenes any order made under sub-section (1) or sub-section (3) of section 30, he shall be
1
[liable to penalty which may extend to fifty thousand rupees] and the property in respect of which the
order has been contravened or such part thereof as to the Court may seem fit shall be forfeited to the
Central Government.
(2) Any person who attempts to contravene or abets the contravention of, any order under
sub-section (1) or sub-section (3) of section 30 shall be deemed to have contravened that order.
1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 9-8-2023).
22
42. Other penalties.—Whoever contravenes or attempts to contravene or abets the contravention of
the provisions of this Act or of any rules made thereunder other than the provisions, punishment for the
contravention whereof has been provided for in sections 36, 37, 38, 39 and 41 shall be 1
[liable to penalty
which may extend to fifty thousand rupees and for subsequent contravention, penalty which may extend
to one lakh rupees].
2
[42A. Adjudication of penalties.—(1) For the purposes of adjudging the penalties under
sub-section (1) of section 41 and section 42, the Deputy Chairman of the Board shall appoint the
Secretary to the Board or any other officer authorised by the Central Government, as the case may be, to
be an adjudicating officer for holding an inquiry and imposing penalty in the manner as may be
prescribed, after giving a reasonable opportunity of being heard.
(2) Whoever is aggrieved by any order of the adjudicating officer may prefer an appeal to the Deputy
Chairman of the Board, within a period of sixty days from the date of receipt of such order in such form
and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the
Deputy Chairman that he had sufficient cause for not preferring the appeal within that period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of
being heard.
(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
(6) The amount of penalty imposed under sub-section (1), if not paid, may be recovered as an arrear
of land revenue.]
43. Offences by companies.—(1) If the person committing an offence under this Act, or the rules
thereunder is a company, every person, who at the time the contravention was committed was in charge
of, and was responsible to, the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act or the
rules thereunder has been committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to any neglect on the part of any director or manager,
secretary or other officer of the company such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section—
(a) “company” means any body corporate and includes a firm or other than association of
individuals; and
(b) “director” in relation to a firm means a partner in the firm.
44. Jurisdiction of courts.—No Court inferior to that a Presidency Magistrate or a Magistrate of the
First Class shall try any offence punishable under this Act.
1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 9-8-2024).
2. Ins. by s. 2 and Schedule, ibid. (w.e.f. 9-8-2024).
23
45. Previous sanction of Central Government for prosecution.—No prosecution for any offence
punishable under this Act shall be instituted except with the previous sanction of the Central Government.
46. Protection of action taken in good faith.—1
[(1)] No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good faith done or intended to be done under this Act
of 2
[any rule of order] made thereunder.
3
[(2) No suit or other legal proceeding shall lie against the Central Government for any damage
caused or likely to be caused by anything which is in good faith done or intended to be done under this
Act or any rule or order made thereunder.]
47. Power to delegate.—The Central Government may, by order notified in the Official Gazette,
direct that any power exercisable by it under this Act may also be exercised in such cases and subject to
such conditions, if any, as may be specified in the order by such officer or authority as may be specified
therein.
48. Suspension of operation of Act.—(1) If the Central Government is satisfied that circumstances
have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be
imposed or if it considers it necessary or expedient so to do in the public interest, the Central Government
may, by notification in the Official Gazette, suspend or relax to a specified extent either indefinitely or for
such period as may be specified in the notification the operation of all or any of the provisions of this Act.
(2) Where the operation of any provisions of this Act has under sub-section (1) been suspended or
relaxed indefinitely, such suspension or relaxation may at any time while this Act remains in force be
removed by the Central Government by notification in the Official Gazette.
49. Power of Central Government to make rules.—(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the constitution of the Board, the number of persons to be appointed as members from each of
the categories specified in sub-section (3) of section 4, the term of office and the other conditions of
service of, the procedure to be followed by, and the manner of filling vacancies among, the members
of the Board;
(b) the circumstances in which, and the authority by which, members may be removed;
(c) the holding of a minimum number of meetings of the Board every year;
(d) the pay, allowances and other conditions of service of the 4
[Deputy Chairman, Secretary] and
other officers appointed by the Central Government;
(e) the maintenance of records of all business transacted at meetings of the Board and the
submission of copies of such records to the Central Government;
(f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf
of the Board;
(g) the preparation of budget estimate of the receipts and expenditure of the Board and the
authority by which such estimates shall be sanctioned;
1. Section 46 re-numbered as sub-section (1) thereof by Act 68 of 1980, s. 6 (w.e.f. 27-12-1980).
2. Subs. by s. 6, ibid., for “the rules” (w.e.f. 27-12-1980).
3. Ins. by Act 68 of 1980, s. 6 (w.e.f. 27-12-1980).
4. Subs. by Act 32 of 1977, s. 3, for “Secretary” (w.e.f. 12-8-1977).
24
(h) the powers of the Board and the Executive Committee and the Chairman, in regard to the
incurring of expenditure and the re-appropriation of estimated savings in any budget head to another
such head;
(i) the conditions subject to which the Board may incur expenditure;
(j) the conditions subject to which the Board may borrow;
1
[(ja) the amounts for the purposes of the provision to section 28A;]
(k) the form and the manner in which accounts should be kept by the Board;
(l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be
determined;
(m) the conditions subject to which export quota, export licences and special export licences shall
be transferable;
(n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be
granted;
(o) the collection of any information or statistics in respect of the tea industry and the tea trade;
(p) the fees to be levied in respect of licences, permits and permissions issued under this Act;
(q) the procedure for the grant or issue of licences, permits and permissions under this Act, the
time within which such licences, permits or permissions shall be granted or issued including, in
particular, the publication of notices calling for applications and the holding of such inquiry in regard
thereto as may be necessary in the circumstances;
(r) the form of application for licences, permits or permissions under this Act;
(s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under
this Act and the levy of fees in respect of such licence;
(t) the matters which may be taken into account in the granting or issuing of any licence, permit
or permission under this Act including in particular the previous consultation with the Central
Government by the Board in regard to the grant or issue of any such licences, permits or permissions;
(u) the conditions which may be included in any licences, permits or permissions;
(v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers,
dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea
waste and the form and manner in which such returns are to be furnished;
(w) the fees to be charged for granting certified copies of accounts of quotas;
(x) any other fee that may be necessary for the Board to levy in order to determine or redetermine
the basis on which export quota may be fixed;
2
[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A;
(xb) the form and manner of preferring appeal under sub-section (2) of Section 42A;]
(y) any other matter which is to be or may be prescribed.
1. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986).
2. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024).
25
1
[(3) Every rule made under this Act shall be laid as soon as may be after it is made 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 2
[in two or more successive sessions, and if, before the expiry of the session immediately
following the sessions or the successive sessions aforesaid] both houses agree in making any modification
in 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
annulment shall be without prejudice to the validity of anything previously done under that rule.]
50. Power of Board to make by-laws.—(1) The Board may make by-laws consistent with this Act
and the rules made thereunder, to provide for—
(a) the dates, times and places of its meetings and of the meetings of the Executive and other
Committees and quorum for such meetings, and the procedure thereat;
(b) the delegation of powers and duties to the Executive or any other Committee, or its
Chairman, Vice-Chairman, 3
[Deputy Chairman, Secretary] or any other of its officers;
(c) the travelling allowances of members and of members of Committees;
(d) the appointment, promotion and dismissal of its officers and other employees other than those
appointed by the Central Government and the creation and abolition of their posts;
(e) the conditions of service of its officers and other employees other than those appointed by the
Central Government, including their pay, leave, leave allowances, pensions, gratuities, compassionate
allowances and travelling allowances and the establishment and maintenance of a provident fund for
them;
(f) the maintenance of its accounts;
(g) the persons by whom, and the manner in which payments, deposits and investments may be
made on its behalf;
(h) the custody of moneys required for its current expenditure and the investment of moneys not
so required;
(i) the preparation of statements showing the sums allotted to Departments of the Central and
State Governments and other institutions.
(2) No by-law shall take effect until it has been confirmed by the Central Government and published
in the Official Gazette, and the Central Government, in confirming a by-law may make any change
therein which appears to be necessary.
(3) The Central Government may, by notification in the Official Gazette, cancel any by-law which it
has confirmed and thereupon the by-laws shall cease to have effect.
4
[(4) Every rule made by this section shall be laid, as soon as may be after it is made, 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 or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the by-law or both Houses agree that the by-law should not be made, the by-law shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so, however, that any such
1. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970).
2. Subs. by Act 32 of 1977, s. 3, for “in two successive sessions, and if, before the expiry of the session in which it is so laid or
the session immediately following,” (w.e.f. 12-8-1977).
3. Subs. by Act 32 of 1977, s. 3, for “Secretary” (w.e.f. 12-8-1977).
4. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986).
26
modification or annulment shall be without prejudice to the validity of anything previously done under
that by-law.]
51. Repeals and savings.—(1) The Indian Tea Control Act, 1938 (8 of 1938), and the Central Tea
Board Act, 1949 (13 of 1949), are hereby repealed.
(2) All moneys and other property and all rights and interests, or whatever kind, owned by, vested in,
used, enjoyed or possessed by, or held in trust by or for, the Indian Tea Licensing Committee constituted
under the Indian Tea Control Act, 1938 (8 of 1938), and the Central Tea Board constituted under the
Central Tea Board Act, 1949 (13 of 1949), as well as all liabilities legally subsisting against that
Committee or that Board shall pass to the Board with effect from the commencement of this Act.
(3) All officers and other employees of the Indian Tea Licensing Committee and the Central Tea
Board who hold office as such immediately before the commencement of this Act shall be deemed to
have been appointed as officers or other employees of the Board with effect from the commencement of
this Act and, notwithstanding anything contained in any contract of service entered into by any such
officer or other employee with the Indian Tea Licensing Committee or the Central Tea Board, shall be
entitled to such pay and allowances and to such conditions of service in respect of other matters as may be
determined by the Board with the approval of the Central Government.
(4) Any proceedings taken by the Indian Tea Licensing Committee or the Central Tea Board before
the commencement of this Act may be continued by the Board after such commencement.
(5) Until action in that behalf is otherwise taken under the corresponding provisions of this Act or the
rules made thereunder, all licences, permits and permissions issued or granted, all export quotas allotted
and all fees fixed under the provisions of the Indian Tea Control Act, 1938 (8 of 1938), shall unless
inconsistent with the provisions of this Act, be deemed to have been issued, granted, allotted or fixed
under the corresponding provisions of this Act and the rules made thereunder.
(6) Any offence punishable under the Indian Tea Control Act, 1938 (8 of 1938), or the Central Tea
Board Act, 1949 (13 of 1949), shall be punishable and may be dealt with as if it were an offence
punishable under the corresponding provisions of this Act.
(7) Any other thing or action done or taken before the commencement of this Act by the Indian Tea
Licensing Committee or the Central Tea Board shall so long as it is not inconsistent with any of the
provisions of this Act, be as valid and effectual as if it had been done or taken by the Board after the
commencement of this Act.
(8) For the removal of doubts, it is hereby declared that the provisions contained in
sub-section (2) to (7) inclusive shall be without prejudice to the general application of section 6 of the
General Clauses Act, 1897 (10 of 1897).
(9) If any difficulty arises in giving effect to any of the provisions of this Act, the Central
Government may as occasion may arise, by order, do anything which appears to be necessary for the
purpose of removing the difficulty.