REGISTERED No. DL-33004/93. The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 11] NEW DELHI, FRIDAY, JANUARY 14. 1994/PAUSA 24, 1915 Separate paging is given to this part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 14th January, 1994/Pausa 24, 1915 (Saka) THE COFFEE (AMENDMENT) ORDINANCE, 1994 No. 1 OF 1994 Promulgated by the President in the Forty-fourth Year of the Republic of India An Ordinance further to amend the Coffee Act, 1942. WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action; Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —
1. (1) This Ordinance may be called the Coffee (Amendment) Ordinance 1694.
(2) It shall come into force at once. Short title ,and commencement. 7 of 1942. 2. In section 3 of the Coffee Act, 1942 (hereinafter referred to as the principal Act),—
(a) for clause (c), the following clause shall be substituted, namely: — Amendment of section
1. 52 of 1962. ' (c) "Collector" means a Collector of Customs as defined in clause (8) of section 2 of the Customs Act, 1962;'; 2 111'. CAZHTTE OF 1NIJJA r \ T R v f "I3INAKV | 1J\RT II —
(b) for clause (/i), the following clause shall be substituted, namely: — "(h) "free sale quota" means that portion, staled in terms of bulk or weight, of the whole of the coffee produced byih<$ ujtaie in the year, which a registered cstaie is permitted under 'his Ad to sell;'. Omis- MOfl Of section 12
3. Section 12 of the principal Act shall be omitted. Substitution, of new section for sect on 13
4. For section 13 of the principal Act, the following section shall b£ substituted, namely: — Payment of pro cecils of du y to I he Board "13. (1) The proceeds of the dirty of customs levied under (his Act (all of which shall foim part of the Consolidated Fund of India), reduced by the cost of collection as determined by the Central Government, shall, if Parliament by appropriation made by law in this behalf so provides, be paid to 'he Board for boing utilised for the purposes of this Act,
(2) The provisions of the Customs Act, 1962, and the inles imd regulations made thereunder, shall, as far as may be, apply in relation to, '
(a) the refund of the duty of customs where coffee is exported and subsequently imported into India; and
(b) the export, without payment of fb,e duly of customs, of coffee which is subsequently to be Imported into India.". 52 of 1962. tion of new section for section
17.
5. For section 17 of the principal Act, the following section shall be substituted, namely: — Sale of coffee in excess of free said quota. "17. No registered owner shall sell or contract to sell coffee from any registered estate if by such sale the free sale quota allotted to that estate is exceeded nor shall a registered owner sell or contract to sell any coffee produced on his estate in any year for which no free sale quota is allotted to the estate.". Amendment of section
20.
6. In section 20 of the principal Act, for the words and figures "Sea Customs Act, 1878, shall have effect as if the provision made by this section had been made by notification issued under section 19", the words and figures "Customs Act, 1962, shall have effect as If the provision made by this section had been made by notification issued under section 11" shall be substituted. i 8 of 1878. 52 of 1%2, SFC. !] THE G\ZE1TE 01" IN3I \ EX1R\OHDI\'\RY 3
7. For section 22 of the principal Act, the following section shall be substituted, namely: — Substitution of new iectioa foi section
22. "22. (1) Unltss with the previous sanction of the Central Government i-he Board decides that no free sale quotas shall be allotted, the Board shall, as soon as may be, allot to each registered estate a free sale quota for the year.
(2) The free sale quo<a shall be a fixed percentage, common to all registered estates, not exceeding fifty per cent, of the probable total production of the estate in the year as estimated by the Board;
Provided that the Board may, with the previous sanction of the Central Government allot such quota at a percentage higher lhan fifty per cent, of the said probable total production.
(3) The Board may at any time vary the free sale quota by varying the fixed percentage common to all registered estates, or may express the whole or any part of the free sale quota of an estate in terms of bulk instead of in terms of weight.". 1-TSlS •sals quoin.
8. In section 23 of the principal Act, in sub-section (2), for the words "an internal sale quota", at both the places where they occur, the words "a free sale quota" shall be substituted. Amendment "I section
23.
9. Jn section 24 of the principal Act, for the words "internal sale quota'*, the words "free sale quota" shall be substituted. Amendment of iicction
24.
10. In section 25 of the principal Act,—-
(a) in sub-section (I),—
(i) for the words "internal sale quota", the words "free sale quota" shall be substituted; (H) .for the words "internal sale quotas", at both the places where they occur, the words "free sale quotas" shall be substituted;
(b) in sub-section (2), for the words "internal sale quota", the words "free sale quota" shall be substituted. Amendment of icction
11. In section 29 of the principal Act, in sub-section (2),—
(i) for the words "internal sale quota", the words L'free sale quota" shall be substituted; (H) for the words "for internal sale", the words "for free sale" shall be substituted;
(in) for the words "internal sale quotas", the words "free sale quotas" shall be substituted, Amendment cf section
29. 4 THE GAZETTE OF INDIA EXTRAORDINARY [PAur H—SEC. 1] Amendment of section
32.
12. In section 32 of the principal Act, in sub-section (2), for the words, brackets and figures "Subject to the provisions of sub-section (•/) of section 13, the pool fund", the words "The pool fund" shall be substituted. Amendment of scct'on
40.
13. In section 40 of the principal Act, in sub-section (1), for the words "a Magistrate of the first class", the words "a Metropolitan Magistrate or a Judicial Magistrate of the first class" shall be substituted. Amendment of •̂action
48. J4. In section 48 of the principal Act, in sub-section (2), in clause
(xviil), for the words "internal sale quota", the words "fiee sale quota" shall be substituted. SHANKER DAYAL SHARMA, President. K. L. MOHANPURIA, Secy, to the Govt- of India. PUNTED l>1 Ti l t MANAGER, GOVERNMENT OF INDIA PKESS. M1NTO RO^D, NEW DELHl AND PUBLISHED BY THE CONTRCKXEH OF PUBLICATIONS, DELHI, 1994