Bare Acts

CHAPTER III REGULATION OF PRODUCTION AND DISPOSAL OF VIRGINIA TOBACCO


10. Registration of growers of virginia tobacco.—(1) No person shall grow virginia tobacco except
under, and in accordance with, the conditions of a certificate of registration obtained from the Board in
accordance with the rules made under this Act.
(2) In granting or refusing a certificate of registration, the Board shall have regard to the demand for
virginia tobacco in India and abroad, and the suitability of the land in relation to which the certificate is
applied for and such other factors as may, having regard to the needs of the virginia tobacco industry, be
prescribed.
(3) A certificate of registration granted in pursuance of this section shall be valid for such period as
may be prescribed.
(4) Every application for such certificate of registration shall be accompanied by such fees (not
exceeding one rupee for 0.4 hectare of the land in relation to which such application has been made) as
may be prescribed.
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[10A. Registration of growers of virginia tobacco seedlings for commercial purposes.—(1) No
person shall grow virginia tobacco seedlings for commercial purposes unless he registers himself as a
nursery grower with the Board in accordance with the rules made under this Act.
Explanation.—For the removal of doubts, it is hereby declared that nothing in this sub-section shall
apply to the growing by a registered grower of any virginia tobacco seedlings for his own use.
(2) No registered nursery grower shall sell or cause to be sold any virginia tobacco seedlings grown
by him to any person other than a registered grower.]
11. Registration of curers of virginia tobacco.—No person other than a registered curer shall cure
or undertake the curing of virginia tobacco unless he registers himself as a curer with the Board in
accordance with the rules made under this Act.
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[11A. Registration of processors and manufacturers of virginia tobacco, etc.—No person shall
process virginia tobacco or manufacture products therefrom unless he registers himself as such processor
or manufacturer, as the case may be with the Board in accordance with the rules made under this Act.
11B. Licences to be obtained for grading work and construction of barns etc.—No person
shall—
(i) take up grading work relating to virginia tobacco for commercial purposes; or
(ii) take up the construction and operation of a barn,
unless he obtains a licence from the Board in accordance with the rules made under this Act.

1. Ins. by Act 57 of 1985, s. 4 (w.e.f. 1-12-1985).
2. Ins. by s. 5, ibid. (w.e.f. 1-12-1985).
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Explanation.—For the purposes of this section,—
(i) “barn” means a building or structure with a roof of zinc sheets or tiles having flue pipes,
furnace and tiers used for flue curing of tobacco leaves;
(ii) “grading work” means separating tobacco leaves into specific grades on the basis of plant
position, maturity, colour, body and blemish and in accordance with such specifications as may be
prescribed.]
12. Registration of exporters, packers, auctioneers and dealers.—No person shall export tobacco
or any tobacco products or function as a packer, auctioneer of, or dealer in, tobacco unless he registers
himself with the Board in accordance with the rules made under this Act.
13. Virginia tobacco to be sold at registered auction platforms.—No registered grower or curer
shall sell or cause to be sold virginia tobacco elsewhere than at an auction platform registered with the
Board in accordance with the rules made under this Act 1
[or established by the Board under this Act].
2
[13A. Duty of registered dealers and exporters to purchase at auction platforms, etc.—No
registered dealer or registered exporter shall purchase or cause to be purchased virginia tobacco
elsewhere—
(a) than at an auction platform registered with the Board in accordance with the rules made under
this Act or established by the Board under this Act; or
(b) than from any other registered dealer or a registered grower or curer:
Provided that in relation to any State in which the provisions of section 13 are not in force, the
condition specified under clause (a) shall not apply.
13B. Duty of buyers of virginia tobacco at places other than auction platforms to refrain from
certain unfair practices.—Every dealer who purchases virginia tobacco in any State in which the
provisions of section 13 are not in force,—
(a) shall pay the full price for the whole quantity of virginia tobacco so purchased by him at the
rate at which he agreed to purchase such tobacco and shall refrain from claiming any discount in the
weight or other deductions in weight thereof or any deductions from the price as calculated in
accordance with such rate;
(b) shall pay the full price for virginia tobacco so purchased by him as calculated in accordance
with the provisions of clause (a) as expeditiously as possible and in any case within such reasonable
time as may be specified in this behalf by the Board; and
(c) shall refrain from having recourse to any practices which the Board may, having regard to the
need for protection of persons selling virginia tobacco in such State and all other relevant
considerations, specify to be unfair practices.]
14. Application, cancellation, fees and other matters relating to registration.—The form of
application and the form of certificate of registration under section 10, the form of application 3
[for
registration of nursery growers for the purposes of section 10A, for registration of curers for the purposes
of section 11, for registration of processors and manufacturers for the purposes of section 11A, for
obtaining licences for taking up grading work or construction and operation of barns under section 11B],
for registration of exporters, packers or auctioneers of, or dealers in, tobacco, for the purposes of
section 12, and for registration of auction platforms for the purposes of section 13, the time within which
and the manner in which such applications shall be made, the fees payable on such applications, the
particulars to be specified therein, the principles and the procedure to be followed in granting and
cancelling certificates of registration or the registration of auction platforms or, as the case may be, 4
[the
registration as nursery growers, curers, processors, exporters, packers or auctioneers of, or dealers in,

1. Ins. by Act 36 of 1978, s. 4 (w.e.f. 30-8-1978).
2. Ins. by Act 57 of 1985, s. 6 (w.e.f. 1-12-1985).
3. Subs. by s. 7, ibid., for “for registration of curers for the purposes of section 11” (w.e.f. 1-12-1985).
4. Subs. by s. 7, ibid., for certain words (w.e.f. 1-12-1985).
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virginia tobacco or as manufacturers of the products of virginia tobacco or in granting licences under
section 11B, the returns to be submitted and the registers to be maintained by registered growers, nursery
growers, curers, processors, exporters, packers or auctioneers of, or dealers in, virginia tobacco or the
registered manufacturers of the products of virginia tobacco or the persons licensed under section 11B
and the registers to be kept by the Board shall be such as may be prescribed].
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[14A. Power to levy fees.—(1) Where virginia tobacco is sold at any auction platform established by
the Board under this Act, it shall be competent for the Board or for any officer of the Board authorised by
it in this behalf to levy fees, for the services rendered by the Board in relation to such sale, at such rate not
exceeding two per cent. of the value of such tobacco as the Central Government may, from time to time,
by notification in the Official Gazette, specify.
(2) The fees levied under sub-section (1) shall be collected by the Board or such officer, equally from
the seller of the virginia tobacco and the purchaser of such tobacco, in such manner as may be
prescribed.]
15. Power of inspection.—The Board may authorise any of its members, officers or other employees
to inspect in such manner as may be prescribed any land or premises to verify the accuracy of any
particulars mentioned in any application or any return referred to in section 14.

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