Rubber Rules,1955 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Long title	Principal Rules
Type	Rules
Year	1947
Jurisdiction	Central
Ministry	Ministry of Commerce and Industry
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	ip

REGISTERS) No. D. 221.

^he dazette W of Inbia EXTRAORDINARY

PART II—Section 3 PUBLISHED BY AUTHORITY No. 227] NEW DELHI, MONDAY, AUGUST i , 1955 MINISTRY OF COMMERCE & INDUSTRY NOTIFICATIONS New Delhi, the 1st August 1955 S.R.O. 1660.—In pursuance of the "Explanation" to Item (5) in the second Schedule of the Indian Tariff Act, 1934 (XXXII of 1934) the Central Government hereby fixes the price of tea for the purpose of the said Item as Rs. 2/9/9 per ib .

[No. 30 (28) Plant/55,] RUBBER CONTROL New Delhi, the 1st August 1955 S.R.O. 166L—In exercise of the powers conferred by sub-section (2) of section 1 of the Rubber (Production and Marketing) Amendment Act, 1954 (54 of 1954) the Central Government hereby appoints the 1st day of August, 1955 as the date on which th& said act shall come into force.

[No. 20(2)Plant/55.]

SJC.O. 1662.—In exercise of the powers conferred by section 25 of the Rubber Act, 1947 (XXIV of 1947), and in supersession of the Rubber (Production and Marketing) Rules, 1947, the Central Government hereby makes the following rules, namely: —

CHAPTER I PRELIMINARY

1. Short title.—These rules may be called the Rubber Rules, 1955.

2. Definitions.—In these rules, unless the context otherwise requires,—

(i) "the Act" means the Rubber Act, 1947 (XXIV of 1947),

(ii) "Board" means the Rubber Board constituted under sub-section (1) of section 4,

(iii) "Chairman" means the Chairman of the Board appointed under clause

(a) of sub-section (3) of section 4,

(iv) "Commissioner" means the Rubber Production Commissioner appointed under sub-section (1) of section 6A,

(v) "Committee" means any committee appointed by the Board under sub section (1) of section 7,

(vi)"Form" means a form set forth in the First Schedule to these rules,

(vii) "large grower" means an owner who Is not a "small grower",

(vlii) "member" means a member of the Board,

(ix) "Secretary" means the Secretary to the Board appointed under sub section (2) of section 6A,

(x) "section" means a section of the Act,

(xl) "small grower" means an owner whose estate does not exceed fifty acres In area,

(xil) "Vice-Chairman" means the Vice-Chalrman of the Board elected under sub-section (6) of section 4, and (xUI) "year" means the year commencing on the first day of April.

( 1 6 1 3 ^ n 14

CHAPTER II BOARD AND ITS CONSTITUTION

8. Constitution of the Board and manner of filling vacancies.

(1) The Board shall consist of the Chairman and twenty four other members representing the different interests and authorities specified in clauses (b) to <f) of sub-section (3) of section 4.

(2) Of the three members of to represent the State of Madras, one shall be nominated by the Government of Madras, the other shall represent the large growers and the third the small growers. The person representing the large growers shall be elected from among the large growers of the State of Madras in accordance with the rules set forth in the Second Schedule to these rules.

The person representing the small growers shall be nominated by the Central Government after making such consultation as it thinks fit.

(3) Of the seven members to represent the State of Travancore-Cochln, two persons shall be nominated by the Government of Travancore-Cochln to represent that State, one of whom shall be the Director of Agriculture of the State, three persons shall represent the large growers In the State of Travancore-Cochin and two persons ihe small growers. The persons representing the large growers shall be elected from among the large growers of the TravancQre-Coehin State in accord ance with the rules set forth in the Second Schedule. The persona representing the small growers shall be nominated by the Central Government after making such consultation as It thinks fit.

(4J Of the ten persons to be nominated by the Central Government, Government may make such consultation as it thinks fit before nominating the representiveir concerned as members of the Board.

4. Term of office.

(1) Save as hereinafter provided, a member shall hold office for three years from the date of publication of the notification in the official Gazette notifying his nomination and shall be eligible for renominatlon or re-election, as the case may be.

(2) A member elected or nominated to fill a casual vacancy, or a member nominated by the Central Government on failure of any authority or body men tioned in sub-section (3) of section 4 to make a nomination, shall hold office as long as the member whose place he fills would be entitled to hold office if the vacancy had not occurred or the nomination had not been made, as the case may be,

6. Resignation.

A member of the Board or of a Committee may resign his office by a letter addressed to the Secretary, but the resignation shall not take effect until accepted by the Chairman of the Board or of the Committee, as the case may be.

6. Removal from ihe Board.

The Central Government may remove any member from his office:—

(a) if he becomes bankrupt or insolvent or suspends payment or compounds with his creditors, or

(b) if he is convicted of any offence which is punishable under the Indian Penal Code (Act XLV of 1860), and Is under the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), non-bailable,

(d) if he absents himself from two consecutive meetings of the Board wi th out the leave of the Chairman, and In any case from three consecutive meetings, or

(e) if he defaults in payment of any dues to the Board, and k no dec lared by the Board.

SEC. S] THE GAZETTE OF INDIA EXTRAOBDINARY 1615

7. Absence -from India.

(1) Before a member of the Board departs from India—

(a) he shall intimate to the Secretary the date of his departure from, and the date of his expected return to, India, and

(b) if he intends to be absent from India for a longer period than six months, he shall tender his resignation.

(2) If a member departs from India without complying with the provisions of sub-rule (1), he shall be deemed to have resigned with effect from the date of his departure from India.

8. Vice-Chairman.

(1) The Board shall, in each year, elect out of its own number, a person to be the Vice-Chairman for a period of twelve months commencing from the date of his election.

(2) In the event of the Vice-Chairman resigning his office as such or ceasing to lie a member of the Board, the Board shall at its next meeting elect another mem ber to be the Vice-Chairman for the unexpired portion of the term of office of the Vice-Chairman elected under sub-rule (1).

CHAPTER III PROCEDURE OF MEETINGS OF BOARD AND ITS COMMITTEES

9. .Meetings 0/ the Board.

There shall be not less than two ordinary meetings of the Board in any one year on such dates and at such place as the Chairman may think fit, The interval between any two ordinary meetings shall not, in any case, be longer than eight months.

10. Quorum.

No business shall be transacted at a meeting of the Board unless there ure pre sent at least eifiht members of the Board and no business shall be transacted at a meeting of a Committee, unless there aro present a majority of members constituting the Committee. ^ ^

11. Power to call meetings.

^ 1 T h e C h a i r m a n of the Board or the Committee may at any time call a meet ing of the Board or the Committee, as the case may be, and shall do so if a r e quisition for that purpose is presented to him by at least eight members in the case of a meeting of Board and half the total number of members in the case of a meet ing of a Committee.

(2) At least fourteen clear days before any meeting of the Board and at least ten clear days before in the case of a meeting of a Committee, notice of time and place of the intended meeting, signed by the Secretary, shall be sent to the Govemm e ? i : J J a i n t h e M l n i s t r y o f Commerce and Industry and left at or posted to the address of every member of the Board or the Committee:

+ ) mr rK^df^d £ u * . m C a s e u°f U^^J, a special meeting may be summoned at any S ^ J ^ , 1 ? 6 C 1 } a i ™ a n w h 0 sh,a11 m f ° ™ in advance the Government of India In the Ministry of Commerce and Industry and the members of the subWt matter lor discussion and the reasons for which he considers it urgent tfo^rdlnarY business shall be transacted at such special meetings. oramary

(3) The Chairman may require any officer of the Board or invite any nerson s r a f i S ssu rvoieetme °f the Board OT th* c o m m i t t < * b u t «w s

12. Presiding over meetings.

The Chairman of the Board shall preside over every meeting of the Board nt ^ v f V 1 6 ^ ? r e S e n t ^ d J ? h ? a b s e n c e ' t h e Vice-Chairman shaUpr^ ide? bTit w h « both the Chairman and the Vice-Chairman are absent from any meeting the m S ?

fcera present shall elect one of their own number to preside at t h T t ^ t i n g J 6 I 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART H

13. Business by circulation.

41) Any business which is to be transacted by the Board or the Committee may, le Chairman of the Board or of the Committee so directs, be referred to.

members by circulation of papers and any resolution or proposal so circulated and approved by the majority of members, who have recorded their views I n writing shall be as effectual and binding as if such resolution or proposal were decided by a majority of members at a meeting:

Provided that at least eight members of the Board or a majority of the membersof the Committee, as the case may be, have recorded their views on the resolution or proposal:

Provided futher that when a resolution or proposal is referred to members by circulation of papers, any Ave members of the Board or three members of the- Committee, as the case may be, may require that the resolution or proposal be re ferred to members at a meeting and thereupon such reference shall be made to* members at a meeting of the Board or the Committee, as the case may be.

(2) When any business Is referred to members by circulation, a period of not less than 14 clear days in the case of the Board and 10 clear days in the case of a Committee shall be allowed for receipt of replies from members. Such period shall be reckoned from the date on which the notice of business is issued.

(3) If a resolution or proposal Is circulated, the result of the circulation shall b e communicated to all the members.

14. Voting.

(1) Except as provided in rule 13, every question brought before any meeting:

of the Board or its Committee, shall be decided by a majority of the members pre sent and voting at the meeting before which the matter is brought. No member shall vote by proxy.

(2) In the case of an equality of votes, the Chairman or the member presiding;

shall have a second or casting vote.

15. Appointment of Committees.

(1) There shall be an Executive Committee consisting of:—

(a) the Chairman who shall be the ex-officio Chairman thereof;

(b) the Vice-Chairman;

(d) two other members to be elected by the members of the Board fromr among themselves in such manner as may be laid down bv the Board.

(2) Nothing in this rule shall derogate from the power of the Board to constitute, for such period as may be specified in each individual case, any other Standing Committee or any ad hoc committee for any of f ie purposes mentioned in section 8 or section 8A. The Chairman of the Board shall bo the ex-ofjrcio Chairman of all committees constituted under this rule.

16. Travelling and other allowances to members of the Board and its Com mittees.—A member of the Board other than a Government servant, shall ba entitled to draw, in respect of any journey performed for the purpose of at tend ing a meeting of the Board or of a Committee thereof or for the purpose of dis charging any duty assigned to him by the Board or the Committee concerned, travelling allowance and daily allowance in accordance with the rules and orders Issued by the Central Government from time to time and at the highest rates a d missible to Government servants of grade I.

17. Revision.— (1) The Central Government may, for reasons to be recorded In writing, review any decision of the Board or its Committees and pass suchi order in the matter as it thinks fit.

(2) A copy of every order passed under sub-rule (1) shall be sent to t h e Board or the Committee, as the case may be, by the Central Government.

(3) On receipt of a copy of the order as aforesaid, the Board or the Com mittee, as the case may be, may make a representation to the Central Govern ment against the said order and the Central Government may after eonsiderine the said representation, either cancel, modify or confirm the order passed by i t under sub-rule (1) or take auch other action in respect of the matter as may, in the opinion of the Central Government, be just or expedient, having regard to a l l the circumstances of the case.

SEC. 3] THE GAZETTE OF INDIA EXTRAORDINARY 1617

CHAPTER IV BOARD AND ITS ESTABLISHMENT

18. Salaries and allowances.—All expenditure on account of the salaries, allowances, pension, leave and other contributions, if any, of the Chairman and other officers appointed by the Government under the Act shall be met from the funds of the Board.

19. Board's establishment.—(1) The Board shall, from time to time sanction such other establishment as is not covered by section 6A and may, subject to the approval of the Central Government, lay down the methods of recruitment, the conditions of service, the pay and allowances of all such officers and servants "to be employed by it;

Provided that no post, the maximum salary of which exceeds rupees five hundred per mensem shall be created or appointments made thereto without the previous sanction of the Central Government;

Provided further, that in case of exigencies, temporary posts which would.

need to be created in the interests of the Board and the maximum salary of which posts does not exceed Rs. 500 per mensem, may be created and appoint ments against them be made by the Chairman.

20. Filling of posts by direct recruitment.— (i) All vacancies in the ranks of officers to be filled by direct recruitment shall be advertised and all vacancies in other ranks shall be notified to the Regional Employment Exchanges con cerned. Unless the Chairman, for valid reasons to be recorded, decides other wise.

(ii) A statement of all applications received from candidates and of all r e commendation made by the Employment Exchange shall be placed before the authorit ies competent to make appointments under these rules.

(iii) In respect of vacancies in posts of Class IV, appointments shall be made by the Chief Officer of the Department from the statement of applicants placed before him. The Chief Officer may delegate, with the approval 01 Chairman, to any other officer of the Department such of his powers under this rule as he may deem fit.

(iv) In respect of all vacancies in Class III posts, appointments shall be made by the Chairman from the statement of applicants placed before him and he may delegate to the Commissioner such of his powers under this rule as he may deem fit.

(v) In respect of posts other than those mentioned in section 6A, and posts the maximum salary of which exceeds Rs. 500/- per mensem, appointments flhall be made by the Chairman from the statement of applicants placed before him in consultation with the Executive Committee.

21. Filling of posts by promotion.— (1) If a vacancy in respect of posts of Class IV staff in the Board's establishment is to be filled up by promotion, the cases of all the candidates for promotion shall be examined by the Commis sioner and. appointments shall be made by him.

(2) If any vacancy in rf.spect of Class III posts in the Board's establishment is to be filled up by promotion, the case of all the candidates for promotion shall be examined by the Chairman and appointment thereto shall be made by him.

(3) If a permanent vacancy in respect of sanctioned posts of officers in the Board's establishment the maximum salary of which does not exceed Rs. 500 per mensem is to be filled up by promotion, the case of all the candidates eligible for promotion shall be examined by the Chairman and appointment thereto shall be made by him.

(4) If a permanent vacancy in respect of sanctioned posts of officers in the Board's, establishment not covered by section GA or the maximum salary of which exceeds Rs. 500/- is to be filled by promotion, the case of all the candi dates eligible for promotion shall be examined by the Board and appointment thereto shall be made by it subject to the approval of the Central Government.

22. Filling of temporary vacancies in sanctioned posts.—Temporary vacan cies in respect of sanctioned posts which are not covered by section 6A shall be filled by the Chairman.

THE GAZETTE OF INDIA EXTRAORDINARY [PART II

23. Postings and transfer.—Postings and transfers of all officers and other members of the staff of the Board .shall be made by the Chairman who may delegate this power to such extent as he deems fit to the Commissioner.

24. Pay, leave and allowances of Borrowed Officers.—The pay, leave and allowances including travelling allowances of officers mentioned in sections 6 and 6A and also permanent Government Officers lent or transferred to the Board shall be regulated by rules made by the Central Government and applicable t o Government servants of that Government.

25. Penalties.— (1) The following penalties may for good and sufficient r ea sons be imposed on the officers and other members of the staff of the Board: —

(a) warning,

(b) censure,

(d) recovery from the pay of the whole or part of pecuniary loss caused7 to Board by negligence or breach of trust,

(e) withholding of increment or promotion including stoppage at effi ciency bar,

(f) reduction to a lower post of time scale or to a lower stage in t ime scale,

(g) removal, and

(h) dismissal.

(2) The Chairman may impose any of the penalties specified in sub-rule (1) In respect of all officers and staff whom he is empowered to appoint and may delegate the said power to any officers subordinate to him subject to such condi tions as he deems fit.

(3) The Chairman may impose any of the penalties specified In clauses (a) and (b) of sub-rule (1) on other officers and servants appointed by the Board and also on Officers mentioned in Section 6A subject to the condition that h e shall intimate the action taken by him in this regard In respect of the latter t o the Central Government.

(4) The Board may impose any one of the penalties specified in clauses (a) to

(h) of sub-rule (1) in respect of officers appointed by it and may delegate the power to the Executive Committee to such extent as it deems fit subject to the following conditions, namely: —

(i) that no person shall be removed or dismissed from office or reduced in rank If the maximum salary of the post exceeds Rs. 500 without the sanction of the Central Government;

(ii) that no person shall be removed, dismissed or reduced by an authority lower in rank than the authority empowered to appoint him substan tively to the post he is holding;

(iii) that no person shall be removed, dismissed or reduced without g iv ing him. reasonable opportunity to show cause against such action;

(iv) that these powers shall not be exercised in respect of officers men tioned in section 6 and 6A and permanent Govornment officers trans ferred to the Board:

• Provided that no punishment shall be inflicted on Government officers lent to the Board except by the Governments concerned.

(0) The Board may delegato its powers under this rule to the Executive Committee.

28. Sending persons abroad.—-The Board shall not send any officer of the Board or any member of .the Board to places outside India without the previoussanction of the Central Government.

CHAPTER V POWERS OF THE BOARD AND THE CHAIRMAN

27. Powers of the Chairman.— (1) The Chairman shall be responsible for the proper functioning of the Board and the implementation of its decisions and the discharge of its duties under the Act.

S E C 3] THE GAZETTE OF INDIA EXTRAORDINARY 1619

(2) The Chairman shall be the principal executive officer of the Board and shall exercise administrative control over all departments and officers of m e Board.

(3) Subject to such delegation as may be made by the Chairman to such other officers as may be appointed for the purpose of this rule, the Chairman shall: —

(a) cause all important papers and matters to be presented to the Board as early as practicable;

(b) issue directions as to the method of carrying out the decisions of the Board;

(c) grant, or subject to resolution by the Board, authorise some other person to grant, receipts on behalf of the Board for all moneys r e ceived under the Act;

(d) maintain or cause to be maintained an account of the receipts and expenditure of the Board; and

(e) present a half yearly draft report of the working of the Board to the Board for approval and submit the report in the form approved by the Board to the Central Government.

(4) The Chairman shall have power: —

(i) to sanction or reject applications under section 10 for registration from estates, and to cancel registrations in force;

(ii) to issue general or special licences under section 14 and extend the period of validity of such special licences and revoke them;

(iii) to issue licences for planting and replanting rubber under section 17, extend the period of their validity and to revoke them;

(Iv) to call for Information, documents and returns and to inspect or cause to be inspected, accounts and places of storage or of business aa required or provided by the Act or these rules;

(v) to require the Board or any Committee to defer taking action, pend ing a reference to the Central Government on any decision taken by the Board or the Committee.

(5) The Chairman may sanction an expenditure on contingencies, supplies and services and purchase of articles required for the working of t V office of the Board and required for the execution of measures in furtherance of the object of the Act, subject to the necessary provisions in the budget.

(6) The Chairman may by order in writing delegate any of his powers under sub-rules 4 & 5 to any other officer of the Board.

(7) Where a matter has to be disposed of by the Board or a Committee and a decision cannot wait till a meeting of the Board or the appropriate Committee, a3 the case may be, is held, or till completion of circulation of papers, the Chair man may take a decision himself and after taking decision thereon keep the mem bers of the Board or the Committee informed of the decision so taken.

28. Delegation of powers.— (1) The Board shall have power to delegate to a Committee such power as it deems fit.

(2) Every Committee appointed by the Board shall exercise the powers con ferred on it by or under the Act or these rules, subject to such instructions, direc tion or limitations, if any, as may be defined by resolution of the Board and all acts of all committees shall be subject to the control of the Board which may cancel, suspend or modify, as it thinks fit, any such act.

29. Restriction on delegation of powers.— (1) The Board shall not delegate any administrative or financial power to any Committee, other than the Execu tive Committee.

(2) The Board shall not delegate any of the following powers to the Execu tive Committee: —

(a) the power to sanction expenditure in excess of Rs. 10,000 In respect of any single item;

(b) the power to adopt the Budget Estimate of the Board on its behalf;

1620 THE GAZETTE OP INDIA EXTRAORDINARY [PAHT It

(d) the power to re-appropriate estimated savings in excess of Rs. 2,500 in the case of any single item;

(e) the power to write off losses in excess of Rs. 500 in any single case.

30. Power to incur expenditure.— (1) Subject to the provisions of the Act and these rules, the Board may incur such expenditure as if may think fit and wri te off losses upto a maximum of Rs. 1,000 in any single case:

Provided that, save with the sanction of the Central Government, no expen diture shall be incurred which is in excess of the sanctioned budget allotment under any head.

( la) The Board may delegate the powers under rule 30(1) above to the Chairman or Secretary.

(2) Re-appropriations within a head of expenditure be made by the Board and, subject to clause (d) of sub-rule (2) of rule 28, the Board may delegate its powers in this behalf to the Chairman or Secretary.

(3) Rc-appropriations between heads of expenditure shall not be made save with the previous sanction of the Central Government.

(4) The Board shall not incur expenditure outside India in excess of Rs. 10,000 on any single item without the previous sanction of the Central Government.

31. Borrowing powers.—The Board may with the previous sanction of the Central Government borrow, on the security of the General Fund or any other of its assets, for meeting its expenses or for any other purposes referred to in section 8 of the Act:

Provided that no loan shall be taken which is repayable later than six months from the date of the loan.

32. Contracts.— (1) The Board may enter into contracts, provided that every contract which extends over a period of more than three years or involves ex penditure in excess of Rs. 20,000 shall require the previous sanction of the Cen t ra l Government.

(2) Subject to the provision of sub-rule (1). the Board may delegate to the Chairman suo.i power for entering into contracts on its behalf as if may th ink fit.

(3) Contracts shall not be binding on the Board, unless they are executed by the Chairman, or an officer of the Board duly authorised by the Chairman,

33. Power to call for information and documents^—The Board may serve by post a notice upon: —

(a) the owner of any estate requiring him to furnish within such period, not being less than 30 days as may be specified in the notice, such information and documents relating to the area planted with r u b ber or Lo the production (including the cost of production) and sale or rubber produced on the estate or to the ownership of the estate or to any other matter as it may deem necessary to enable i t to discharge its duties under the Act;

(b) any licensed dealer or any manufacturer or any other person, if the Board nas reason to believe that such person has any rubber in his possession, requiring him to furnish within such period, not being less than 30 days as may be specified in the notice, such infor-umuuii ana documents relating to the stocks of rubber held and sale of rubber or to any other matter as it may deem necessary to enable it to discharge its duties under the Act.

CHAPTER VI FINANCE AND ACCOUNTS OP THE BOARD

34. Budget Estimate.-—(1) The Board shall in each year prepare a budget for the General Fund for the ensuing financial year and shall submit It for the sanction of the Central Government on or before such date as may be appointed by that Government.

S E C . 3] THE GAZETTE OF INDIA EXTRAORDINARY 1621

(2) The budget shall be in such form as the Central Government may direct -and shall include a statement of—

(i) estimated opening balance;

(ii) estimated receipts by way of grant from the Central Government under sub-section (7) of section 12;

(iii) proposed expenditure classified under the following heads or such other heads as the Central Government may direct:

(a) Administration

(b) Research

(d) Others.

(3) The proposed expenditure under each head shall be further classified *under the following sub-heads:

(i) Pay of officers,

(ii) Pay of Establishment

(iii) Allowances, Honoraria etc.

(iv) Other charges, contingencies etc.

(4) Supplementary estimates of expenditure shall be submitted for the sanc tion of the Central Government in such form and on such dates as may be •directed by it.

35. Accounts of the, Board.—The Board shall maintain separate accounts for t h e General and Pool Funds,

(1) General Fund.—In respect of General Fund for which budget estimates a re prepared, the Board shall maintain accounts of receipts and expenditure relat ing to each financial year. ,

(2) The audited statement of receipts and expenditure for each period toge ther with the auditor's report thereon shall be submitted to the Central Gov ernment .

(3) After the close of each year, the Secretary shall place the statement "before the Board and afterwards transmit it to the Central Government.

(4) An abstract statement of receipts and expenditure shall be published in t h e Gazette of India.

(5) The grants received from the Central Government under sub-section (7) •of section 12 shall be deemed as receipts of the Board.

(6) The opening balance, if any, shall also be stated as such separately.

(7) Expenditure incurred in the year shall be shown under separate heads •and sub-heads.

(8) The closing balance of the year shall be shown at the foot of the accounts •on the expenditure side

36. Pool Fund.— (1) A special fund known as the Pool Fund shall be created under sub-section (2) of section 9. In respect of the Pool Fund for which bud get estimates are prepared, the Board shall maintain accounts of receipts and •expenditure relating to each financial year.

(2) The audit report on the accounts of the Pool Fund together with the •explanatory notes shall be put up to the Board.

37. Deposit of Funds 0/ the Board in Banks and the investment of such Funds,—(1) Money required for current expenditure of the Board with the exception of petty cash and surplus moneys shall be kept in a current account in the Imperial Bank of India or such other bank as the Central Government .may approve.

(2) Any funds not required for current expenditure may be placed In depo si t account with the Central Government in the Public Account.

(3) The placing of money in deposit with the Central Government shall r e - ou i re the sanction of the Chairman or, in his absence, of the Vice-chairman of t h e Board.

T 6 2 2 THE GAZETTE OF INDIA EXTEAOBDINARY [PABT IF

(4) Payments by or on behalf of the Board shall be made in cash or b y cheque drawn against the current account of the Board.

(5) Such cheques and all orders for making deposits or investment, or thewithdrawal of the same, or for the disposal in any other manner of the funds of the Board shall be signed by the Secretary and countersigned by the Chairman or in the absence of the Chairman, the Vice-Chairman.

CHAPTER VII MISCELLANEOUS

38. Registration of Rubber Estates.—(1) Every person subiect to the p ro visions of section 10 shall make in duplicate an application to the Board in Form, A, for registration as an owner in respect of each estate owned by him.

(2) The Board may call for any additional information which it may deem necessary for the purpose of registering such person as the registered owner in respect of each estate owned by him,

(3) The Board shall allot a registration number to every estate in respect of which an application has been made in Form A and shall return the duplicate copy to the applicant with the registration number duly filled in.

39. licence to deal in rubber.— (1) Every person who wants a special lieenca to purchase, sell or otherwise deal in rubber, shall apply for a licence in Form B.

The Board, if it is satisfied with regard to the suitability of the applicant, may issue a licence in Form C.

(2) The licences shall be numbered and shall not be transferable.

40. Licence to acquire rubber,—Any manufacturer desiring a special licence to purchase or otherwise acquire rubber shall apply to the Board in Form D» If the Board approves, a licence may be issued in Form E.

41. Licence to plant rubber.— (1) Any person desiring to undertake planting or replanting of rubber shall apply to the Board in Form F.

(2) The Board shall consider all applications and may grant to such appli cants as it thinks fit licences in Form G for planting and in Form 1 for replant ing in respect of the whole or any part of the area asked for or may refuse to grant a licence.

(3) The licence shall specify the area of planting or replanting and the period for which the licence shall be valid.

(4) Any right of planting of rubber granted by a licence shall be deemed to be attached to such land and shall not be transferable apart from the land on which such right is permitted to be exercised.

(5) Every holder of a licence shall, at such times as the Board may from time to time require, furnish to the Board a return giving the areas newly plan ted or re-planted during that period in pursuance of such licence together with such other particular as may be required for the purposes of the Act.

42. Power to revoke or cancel licences.—-The Board may, at any time, after affording a reasonable opportunity to the licencee to be heard, revoke or cancel any licence if it is satisfied that the licencee obtained the licence by misrepre sentation of facts or fraud or if he fails to submit the necessary returns.

43. Submission of returns.— (1) Every estate when required so to do, shall submit to the Board a true monthly return of actual production of rubber in the estate in Form J .

(2) Every estate when required so to do, and every dealer licensed by the Board shall submit a t rue monthly return of raw rubber held, acquired or dis posed of, in Form H,

(3) Every manufacturer shall submit to the Board a monthly return at stocks of rubber purchased or acquired and consumed, etc., in Form K.

44. Registers.—-The Board shall maintain the following registers, namely: —

(a) a register of estates;

S*C. 9] THE GAZETTE OF INDIA EXTRAORDINARY

(b) a register of dealers licensed;

(e) a register of manufacturers to whom licences for purchase of rubber have been issued.

45. Licence fees.—The Board shall levy fees at the following rates for issuing licences under these rules, namely: —

(a) for purchasing rubber in quantities exceeding 150 lbs. but not ex ceeding 2 tons—Rs. 2 per licence;

(b) for purchasing rubber in quantities exceeding 2 tons—Rs. 5 per licen ce;

(d) for licences to dealers.—Rs. 100 per licence per year.

46. Appeals.—For appeals to the Central Government against any order of' the Board, under Section 23, a fee of Rs. 25 per appeal shall be levied.

THE FIRST SCHEDULE [See Rule 2 (vi)J FORM A [SIB Rule 38 (3)} THE RUBBER BOARD Application for registration of estate.

To be filled up in duplicate and sent to the Secretary, Rubber Board, Kottayam, Trevar.- core Cochin State.

The application should reach the Secretary on or before.

(PLEASE TYPE OR WRITE IN BLOCK LETTERS) : applications 1 taluks or Districts, Note:—Separate applications should be submitted in respect of estates situated in different Taluks or Dii Reg. No.

(To be filled up by the Board)

1. Name of Estate.

2. Location of Estate:—

(a) State

(b) District

(d) Village or Pakuthy

(e) Post Office

(f) Nearest Telegraph Office.

3. Name and address of Proprietor, Lessee, or person appropriating the produce. (The parti culars of the person havirig actual possession of the Estate shou.^ be given here).

4. Name and address of Manager or Agent.

5, Name and address of person to whom correspondonce regarding this estate should be addressed

6. (a) Nature of title of the applicant.

(State whether title is claimed on deed or Inheritance, prescription, etc.)

(b) If title is claimed on lease deed, state (i) The No. , the date of registration, the date of expiry, and the name of the registry office where the document was registered,

(if) Name and address of the person who executed the lease deed.

7. The No. and date of the licence issued by the Rubber Board under which the planting was carried out. ^.^ , 2 4 THE GAZETTE OF INDIA EXTRAORDINARY flPAHT H ' 8. Total area planted with rubber .- acres.

Tear or Years Exclusively Planted No. o ' trees Rubber in- No. of rubber of Planting in rubber (acres) in exclusive- ter planted trees interly planted with other planted area area crop (acres) U.S. C.S. B.G. U.S. C.S. B.G. U.S. C.S. B.G. U.S. C.S-B.G.

Total:— 9, Is planted area surveyed or has the owner proof of acreage under rubber ?

10. If planted area is not surveyed separately, give survey No. or Nos. in which plants exist, I Proprietor, Lesee, Occupier, Duly Accredited Agent of Estate hereby declare that the statements contained in this return are true and accurate and that the estate bookB are available to support the figures given in this application.

Dated at this day of Signature of witness. ~) Signature, { Superintendent, Proprietor, Name and address of witness. < Lessee, Occupier, Duly J Accrcdited^Agcnt.

U,S:—Unsclected (Ordinary) Seedlings.

C.S:—Clonal Seedlings.

B.G:—Bud-grafts.

FORMB [See Rule 39 (1) ] THE RUBBER BOARD Application for the issue of a Special licence to deal in rubber.

1. Name of the firm (in Block Letters)

2. Address in full of the place of business.

3. Full name, age and permanent address of Proprietor, Proprietors or partners of the firm.

4. (a) Have you been a licenced rubber dealer under the Indian Rubber Board ?

(b) If so please quote your Dealer's Reg. No.

5. From what date have you been dealing in rubber?

6. Arc you doing or proposing to do any business other than dealing in rubber ?

7. Invested capital or financial standing of the firm.

8. Is there on the staff any person who knows grading or packing ol raw rubber ? If so, the names of such persons and their experience.

•9. What was the total quantity of rubber purchased and sold by you during each of: lis previous five years ?

RUBBKR PURCHASED (in lbs.) RUBBER SOLD (in lbB.)

(If accurate figures are nit aviihble approximate figures may be given) I declare that the statements mid: lb jve are tru? to the best of my knowledge and belief.

Date Signature of applicant.

(This application should be rec->mm:nd;J by 2 diff ;re>ir owners of rubber estates of not lessthan 15 acres each.)

1. Signature.

Name and address of the owner.

Reg. No. of the estate.

2. Signature.

Name and address of the owner.

Reg. No. of the estate.

Place ..

ct Sue. 3] THE GAZETTE OF INDIA EXTRAORDINARY j 6 25-, Reg. No.

Mr./Messrs, of FORM C [ See Rule 39(1) ] THE RUBBER BOARD Licence No. Date.

is /arc hereby authorised to buy, sell and generally deal in rubber.

This licence shall remain in force from to both days inclusive and is not transferable.

Kottayam Travancore-Cochin State Date For The Rubber Board, Secretary.

FORM D (See Rule 40) THE RUBBER BOARD Application to purchase or otherwise acquire rubber.

Application for Special Licence.

Name and Address of Applicant Year 1st quarter 2nd quarter yrd quarter 4th quarter Total Grade Grade Grade Grade tonnage.

Tons Tons Tons Tons

1. Quantity or rubber applied for and the period for which it is re quired.

2. Estimated Quantity of rubber re quired for the year.

3. Purpose for which the rubber is required.

4. Actual consumption during the year.

Grades Tons Lbs.

5. Stock of rubber held on date of application or purchased and in transit or awaiting delivery.

Date. Signature of applicant.

Licence No.

FORM E (.See Rule 40) THE RUBBER BOARD Licence to acquire rubber.

Date.

Mr./Messrs Is hereby authorised to purchase or otherwise acquire the under* . mentioned quantities of rubber from registered estates or licensed dealers in India.

Grade This licence is valid from t o . . .

Kottayam, Travancore-Cochin' State Date.

Tons.

. both days inclusive.

For the J Rubber Board, Secretary «fla6 THE GAZETTE OF INDIA EXTRAORDINARY [PABT H FORM F [See Rule 41(1)] THE RUBBER BOARD Application for licence for newplanting/rrplanting * rubber.

Full name and address of applicant.

Year Area intended to be new planted/replanted in any year or years separately for each.

3. Types of planting materials proposed to be used. Un se lected (Ordinary) seedlings- Source from which planting materials will be obtained.

District, Taluk, Village or Pakuthy and Survey numbers of each separate area covered by t n e application Including boundries, the name and a sketch map of the property concerned.

Nature of the right, title or interest of the applicant in the areas covered by the application.

Register numbers of rubber plantations already owned, if any, by the applicant, according to the books of the Rubber Board.

Arms Clonal Budeecd-grafts.

lings.

Station Date Signature of applicant.

* Strike out the word not applicable.

FORM G [ Stu Rule 41(a) ] THE RUBBER BOARD NEWPIANTING LICENCE "Licence No. Date of Issue.

Name of address of applicant.

Reg. No. of Estate Registered area of estate acre*.

Description of area where rubber is permitted to be planted Permission is granted to plant acres This licence i i valid for a period up to Kottayam, Travancore -Cochin, S. India.

For the Rubber Board, Secretary.

A return in this form should be sent to the Secretary, as Boon as the planting of the whole area sanctioned is completed, If the whole area is not planted in one year or if no planting is done during the year, that fact should bo i.ttim itcd not later than the 31st D:c -m'i ;r of the ye<ir for walch licence Is granted.

Printed copies of the form for furnishing returns of newpianting Secretary.

^ rom. To the Secretary Rubber Board, Kottayam, Travancore-Codiin.

Sue. I] TUB! GAZETTE 6f INDIA EXTRAORDINARY 1627 Rtturn of Ifiito planting iRcg. No iNewplanting Licence No Dated Dear Sir, r write to inform you that I have planted a_-res an J •cents of thcsrea sanction:! for new plaiting u i d ; r t h : above licenoj J.iring the ivar This area has been planted with :— iacres\ (" (i) Unselected 1 nr linary) Seeding1.

(Strike out the words not applicable). J (ii) Clonal Seedlings (_ (ni) Budgrafts Yours faithfully, Date Signature.

FORM H [ Set Rule 43(2) ] CTrvis return for ench month should b ; sent so ai t.i r ia : ' i t '1 : Sj^r^tary, Rubber Board 3Cottaydmj by the 10th of the succeeding month).

T H E RUBBER BOARD Serial No 'Name of the Estate Reg. No Dealer P u l l Address.

I declare thai the following is a true account in respect of * , / my business @ for the month of I II I I I IV V Groupe and Grades Closing Stocks Stocks Balance Stocks in Stocks of acquired disposed of stocks transit for nil grades or pro- of during on hand which of rubber duced the month at the end receipt as shown during of the notes nave in the the month month. not been last re- received.

turns.

lbs. lbs. lbs. lbs. lbs.

RMA DC 1 Group X » M A I / RMA % \ R M A 3 f Group 2 > Cuttings I No. I J _ _ _ - RMA 2 T R M A 3 f Group 3 Cut t ings I No. 2 J Precoagulated crepe. "1 :pale Latex I Crepe IX | .Palate Latex , C epe 1 1 Group 4 Pale Latex r Crepe 2 1 Pale Latex Crepo 3 PAQ. J 1628 THE GAZETTE OF INDIA EXTRAORDINABY [PART IT Estate Brown Crepe Super IX Estate Brown Creape IX Emtc Brown Crepe 2X Smoked Blanket Retnilled Crepe 2 Preserved Latex (Dry Rubber Content).

(State Percentage of concentration).

Group 5 Estate Brown Crepe 3X Romilled Crepe 3 RemiLlcd Crepe 4 Flat Bark Crepe (Earth Scrap Crepe ) Clean Dry Curly Scrap No. 1 Clean Dry Curly Scrap No. 2 Clean Dry Shell Scrap Clean Dry Washed Earth Scrap No, r Clean Dry Earth Scrap No. 2 Sole Crepe y Group 6 J= Group 7

(i) Normal.

(ii) Centrifuged concentrate.

(iii) Creamed Concentrate.

Total Date.

*For dealers only fHcrc enter the name of the estate.

Signature of the owner of the Estate.

Delear.

Licence No.

FORM I [See Rule 41(2)] THE RUBBKR BOARD REPLANTING LICENCE Date of issue.

Name and address of applicant.

to.

Reg. No. of Estate.

Registered area of estate acrres.

Description of area where rubber is permitted to be replanted Permission is granted to replant acres. This licence is valid for a period up* Kottayarn, Travancore-Cochin, S. India.

For the Rubber Board.

Secretary.

SEC. 3 ] THE GAZETTE OF INDIA EXTRAORDINARY 1629 As soon as the replanting is completed, please fill in and return this Form. If no replanting is pone or only a portion of the area sanctioned is replanted during the year, that fact should be intimated not later than the 31st December of the year for which licence is granted.

F r 0 1 " Date.

To T h e Secretary, Rubber Board, Kottayam, Travancore-Cochin.

Replanting Licence No Reg. No, of Estate S I R , In accordance with the licence granted to me on I have replanted acres of the above estate during the year 19 with—•

(i) Unsclectcd (Ordinary) seedling, acres.

(ii) Clonal seedling, acres.

(m) budgrafts, acres.

The year of planting of theoldrubber cut down for the purpose of replanting was Yours faithfully, Proprietor/Managcr/Duly Accredited Agent.

Strike out the words not appliealbe.

F O R M J [Sec Rule 4 3(i ) j (To be submitted every month to the Secretary, Rubber Board, Kottayam, by the 10th of each succeeding month).

T H E RUBBER BOARD Name of Estate Register No P R O D U C T I O N S T A T E M E N T Month Grades Quantity (lbs.)

R.M.A. IX \ R.M.A. 1 J Group 1 R.M.A. 2 \ R.M.A. 3 VGroup 2 Cuttings No, 1 j R.M.A- 4 "1 R.M.A- 5 f Group 3 Cuttings No. 2 J Precoagulated Crepe "J Pale Latex Crepe IX ( Pale Latex Crepe 1 }• Group 4 Pale Latex Crepe 2 Pale Latex Crepe FAQ r 1630 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Estate Brown Crepe Super IX Estate Brown Crepe IX Estate Brown Crepe 2X J- Group 5 Smoked Blanket Remillcd Crepe 2 Estate Brown Crepe 3X "] Remillcd Crepe 3 > Group 6 Remilled Crepe 4 J Flat Bark Crepe \ n (Earth Scrap Crepe) J t j r o u P ' Clean Dry Curly Scrap No. 1 Clean Dry Curly Scrap No. 2 Clean Dry Shell Scrap Clean Dry Washed Earth Scrap No. 1 Clean Dry Earth Scrap No. 2 Sole Crepe.

Preserved latex (Dry rubber content) (State precentage of (1) Normal Latex Concentration) (2/ Centrifugcd concentrate.

(3) Creamed concentrate TOTAL Unselected (Or- Clonal seedlings Budgrafts dinary; seedling.

(in acres) (in acres) (in acres) («') Total planted area (»'»') Area under tapping (»•«) Yield for the month (in lbs.) (in lbs.) (In lbs.)

Place Date.

Signature of Owner or Superintendent.

SEC. 3] THE GAZETTE OF INDIA EXTRAORDINARY 1631 FORM K [See Rule 43 (3)] (The return for each month should be sent so as to reach the Secretary, Rubber Roard, Kottayam by the 10th of the succeeding month) THE RUBBER BOARD Name ' ot Manufacturer Full Address I hereby declare that the following is a true account in respect of of for the month (State here the name of the firm) Closing stock of all gra des of rubber as shown in the last return lbs.

Stock acquir ed dur ing the month lbs.

Stock con sumed in ma nufac ture during the month lbs.

- Stocks other wise dispos ed of during the month lbB.

Balan- Stocks ce of in transtockB sit awaiton hand ing deat the livery.

end of the month.

lbs. lbs.

R M A I X R M A i R M A 2 RAMA 3 Cuttings No. t R M A 4 R M A 5 Cuttings No. 2 \ Group 1 i- Group 2 y Group 3 J Prccoagulated Crepe Pale Latex Crepe IX Pale Latex Crepe 1 Pale Latex Crepe 2 Pale Latex Crepe 3 FAQ Group 4 E.B.C, Super IX ") Estate Brown Crepe IX Estate Brown Crepe 2X r Group Smoked Blanket 1 Rcmilled Crepe 2 Estate Brown Crepe 3X Remillcd Crepe 3 Remilled Crepe 4 Flat Bark Crepe (Earth Scrap Crepe) J V Group 6 f Group 7 Clean Dry Curly Scrap No. 1 1632 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Clean Dry Curly Scrap No. 2 Clean Dry Shell Scrap Clean Dry Washed Earth Scrap No. 1 Clean Dry Earth Scrap No. 2 Sole Crepe.

Latex (Dry rubber content) (State per centage of Concentration) U) Normal

(ii) Ccntrifugcd concentrate

(iii) Creamed concentrate Total Particulars of Imported Rubber {In lbs.)

Quantity imported Quantity consumed Balance stock on hand Natural rubber (,in groups or grades) Synthetic rubber Reclaim rubber Place Date Signamre of the Manager/Proprietor of the Factory.

THE SECOND SCHEDULE [See Rule 3(2)] PROVISIONS RELATING TO ELECTIONS

1. Constituencies.—The undermentioned constituencies shall be formed and they shall be entitled to elect the number of members noted against each to the Board.

Seats Madras State—Large growers' constituency . . . . , . 1 Travancore-Cochin State—Large growers' constituency ., 3 The large grower's constituency in a State shall consist of every large grower registered in that State as provided under section 10 of the Act.

2. Voters.—The persons in whose names the estates are registered shall be the voters:

Provided where an estate in registered in the names of more than one per son, the registered owners shall nominate one among them to vote on their behalf:

Provided also where an estate is registered in the name of a Company the Company shall nominate its Chairman, Managing Director, partner or other shareholder to vote on behalf of the Company.

3. Electoral Rolls.—The Secretary shall prepare electoral rolls for each consti tuency every two years on the basis of voters therein as on the 1st August of the preceding year and shall cause them to be published in such manner as the Chairman may prescribe at the Office of the Rubber Board and at such other places as the Chairman may decide.

SEC. 3] THE GAZETTE OF INDIA EXTRAORDINARY 163J Objections, if any, from the electors must be submitted to the Returning Officer within 10 days of the publication of the electoral roll.

If any dispute arises whether any person is entitled to be an elector in a constituency the Secretary shall report the matter to the Chairman whose decision thereon shall be final.

No election to the Board conducted under those rules shall he invalid by reason of any vacancy among the number of persons entitled to vote at such election.

4. Franchise.—Every voter in each constituency shall have one vote for each seat for which election is to be held irrespective of the area of his estate or estates.

5. Returning Officer.—The Chairman of the Board shall be the Returning Officer for the election of representatives of rubber growers on the Board and shall, subject to the provisions of the Act and its Rules, do all things necessary for the conduct of elections.

6. Notification of vacancies.—If any vacancy occurs or is about to occur by offlux of time or by any other reason the Returning Officer shall issue a notifi cation stating the nature of the election, the last date for presentation of nomi nation papers, and the time and place for scrutiny of the nominations.

Each elector shall be at liberty to nominate a person on his electoral roll to fill the vacancy. Every nomination shall be made by an elector in writing and shall be seconded in writing by another and every such nomination shall be accompanied by the consent in writing of the nominee agreeing to serve on the Board, if elected, and must reach the Returning Officer not later than the notified date which shall be not less than 10 days after the publication of the notification of the vacancies.

No candidate for election to the Board shall stand for election at the same time for more than one constituency.

7. Scrutiny of nomination papers.-—All nomination papers shall be scrutinised by the Returning Officer on the date and hour and at the place appointed and notified, and the names of the candidates whose nomination papers have been declared valid shall be published on the same day by affixing a copy thereof on the Notice Board at the Office of the Returning Officer.

Appeals, if any, from candidates whose nominations have not been held valid must be filed within 7 days of the declaration of valid nominations and these shall be placed before the Returning Officer whose decision shall be final.

8. Nominations not exceeding the vacancies.—If the number of valid nomi nations does not exceed the number of vacancies to be filled, the Returning Officer shall declare such nominees to be elected.

9. Procedure for elections.—If the number of valid nominations exceeds the number of vacancies to be filled, the Returning Officer shall forward to each elector through the post (i) the numbered declaration paper (to declare that the voter is a member of the constituency concerned and has signed no other vot ing paper at that election for that constituency), (ii) a voting paper on which the names of the candidates duly nominated shall be arranged in alphabeti cal order and which shall bear on it directions to the voter the initials of the Returning Officer and the date of posting, (iii) a voting paper cover and an envelope addressed to the Returning Officer, and (iv) the letter of intimation stating the number of vacancies, the date and hours fixed for the poll and the date and hour fixed for the scrutiny and counting of votes. The papers shall be forwarded to the address entered against the name of the elector in the electoral roll or, if the elector has since the preparation of the roll changed his address and Intimated the fact in writing to the Returning Officer not later than 14 days before the date fixed for the despatch of the voting papers, to the address so given.

The date fixed for the poll shall not be less than 10 days from the date of the posting of the voting papers.

The elector shall, after filling up the declaration paper and the voting paper in accordance with the directions given in the letter of intimation, enclose the voting paper in the voting paper cover and stick it and enclose this cover and the declaration paper in the envelope addressed to the Returning Officer and send the envelope by registered post so as to reach the Returning !634 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Officer not later than the date and the latest hour fixed for the poll, or, at his option, either in person or by an agent, deposit the envelope addressed to the Returning Officer in the ballot box provided at the office of the Returning Officer for the purpose on the date and during the hour fixed for the poll.

If an elector is incapacitated from blindness or other physical cause from voting in the manner prescribed it shall be competent for him to record his vote by the hand of any of the officers or other persons empowered to attest his declaration; and such officer or other person shall, on the declaration paper certify the incapacity and attest the fact of his having been requested by the elector to mark ,the voting paper for him and of its having been so marked by him in the presence of the elector.

The following officers are empowered to attest votes of incapacitated elect ors:—

1. Magistrates (as defined in the Code of Criminal Procedure),

2. District Registrars,

3. Sub-Registrars,

4. Rubber Production Commissioner.

An elector who has not received his voting and other connected papers sent by post or whose papers, before their despatch back to the Returning Officer, have been inadvertently spoilt in such manner that they cannot be conveniently used, or who has lost his papers, may on his transmitting to the Returning Officer a declaration to that effect signed by himself require the Returning Officer to send him new papers in place of those not received, spoilt or lost; and, if the papers have been spoilt the spoilt papers shall be returned to the Returning Officer who shall cancel them on receipt. In every case when new papers are issued, a mark- shall be placed against the number of the elector's name in the register (electoral roll) to denote that new papers have been issued Im place of those not received, spoilt or lost.

The Returning Officer shall deposit all the covers containing declaration and voting papers received by him in a safe in his office until the time fixed for the scrutiny and counting of the votes.

The Returning Officer shall appoint two officers of the Board to act with him in the scrutiny and counting of the votes. Any candidate or his duly appointed agent may be present at the time of such scrutiny and counting of votes.

On the day and the hour appointed for the scrutiny and counting of votes, the envelopes received from the electors except those which have not either been sent by registered post so as to reach the Returning Officer not later than the day and the latest hour fixed for the poll or deposited in the ballot box provided for the purpose on the day and during the hours fixed for the poll, shall be arranged and counted. They shall then be opened and the declaration papers and the voting paper covers examined. The voting papers covers other than those rejected hereunder shall next be opened and the voting papers taken out and mixed together. The voting papers shall then be scrutinised and the valid votes counted.

A voting paper cover shall be rejected if: —

(1) the envelope contains no declaration paper outside the voting paper cover, or

(ii) the declaration paper Is not the one sent by the Returning Officer, or

(111) the declaration or attestation is not in accordance with the rules, or (Iv) the voting paper "Is placed outside the voting paper cover, or

(v) more than one declaration paper or cover containing voting paper have been enclosed in one and the same envelope.

In the case of rejection, the word 'rejected' shall be endorsed on the voting paper cover or the declaration paper as the case may be.

SEC. 3] THE GAZETTE OF INDIA EXTRAORDINARY 1635 A voting paper shall be invalid If:—

(i) it docs not bear the Returning Officer's initials, or

(ii) more votes than the number of persons to be elected are recorded on it, or

(iii) no vote is recorded thereon, or

(iv) a voter signs his name or writes any word or makes any mark on it, by which it becomes recognisable, or

(v) it is void for uncertainty, On every paper so rejected, the Returning Officer shall endorse the word 'invalid' and such papers shall be kept in a separate parcel.

10. Only one vote to be recorded for each candidate.—Only one vote shall be recorded for any one candidate.

11. Decision regarding validity.—The decision of the Returning Officer shall be final as to the validity of any votes recorded.

12. Declaration of results.— After the scrutiny is completed and the votes have been counted a statement shall be prepared showing:—

(a) the names of the candidates for whom valid votes have been given;

(b) the total number of votes given;

(d) the name of the candidate elected.

Candidates who have received the largest number of votes shall be deemed to be elected up to the number of vacancies available provided that in the event of two or more candidates obtaining equal number of votes the final election shall be made by drawing lots in such manner as the Returning Officer may determine.

The Returning Officer shall communicate the names of the candidate dec lared elected along with the above statement to the Central Government. The results of all elections shall be published in the Gazette of India and shall have effect from the date fixed in such notification.

Preservation of voting papers.—The voting papers, together with the declaration papers, if any, of all elections shall be preserved In the Board's office for 6 months after the results are duly notified.

DECLARATION PAPER Serial No Elector's Name, and number in the Electoral roll, Elector's declaration I (name in full and designation) .• declare that I am an elector for the election of members (s) by the (name of the constituency) to the Rubber Board and have signed no other voting paper at this election.

Date , Station Signature Address:

Face of Voting paper cover Voting paper 1636 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Face of Envelope Election to the By the Registered Post ' Rubber Board by To The Returning Officer, (Address) Voting Paper Election: , Face of Voting paper Names of candidates Mark showing the voter's choice (Please see instructions on the back) Back of Voting Paper

(1) The number of vacancies to be filled in is—

(2) Place a cross mark thus X against the name of the candidate for whom you wish to vote.

(3) A voting paper will be invalid If

(a) it does not bear the Returning Officer's initials, or

(b) more votes than the number of persons to be elected are recorded on it, or

(d) a voter signs his name or writes any word or makes any mark on it, by which it becomes recongnisable, or

(e) it is void for uncertainty.

Letter of Intimation Sir,

1. The persons whose names are printed on the voting papers sent herewith have been nominated as candidates for election to the Rubber Board. Should you desire to vote at this election, I have to request that you will:—

(a) fill up and sign the declaration paper;

(b) mark your vote, in the column provided for the purpose in the voting paper, as directed on the voting paper;

(d) put the smaller cover and the declaration paper in the envelope addressed to me and return the same to me either by registered post, so as to reach me not later than, -i P .M. on the day of 19 or deposit, or cause to be deposited, the envelope addressed to me in the ballot box provided for the purpose between A.M. and P .M.

and on the same day.

SEC. 3j THE GAZETTE OF INDIA EXTRAORDINARY 1637

2. Voting paper will be rejected: —

(1) if tine envelope enclosing the voting paper cover and the declaration paper is not either (i) sent by registered post and received not later than the hour fixed for the closing of the poll, or (ii) deposited in the ballot box on the date and between the hours fixed;

(2) if the outer envelope contains no declaration paper outside the smaller cover;

(3) if the voting paper is not enclosed in the smaller cover;

(4) if more than one declaration paper or cover containing voting paper have been enclosed in one and the same envelope;

(5) if the declaration or attestation is not in order;

(6) if the declaration paper is not the one sent by the Returning Officer to the voter;

(7) if the voting paper is invalid.

3. A voting paper will be invalid if: —

(a) it does not bear the Returning Officer's initials; or

(b) a voter signs his name or writes any word or makes any mark by which it becomes recognisable; or

(d) more votes than the number of persons to be elected are recorded on it; or

(e) it Is void for uncertainty.

4. Declaration papers need not be attested, but in case of a voter who is in capacitated from blindness or other physical cause from voting in the manner prescribed, it shall be competent for him to record his vote by the hand of any of the following persons:

Magistrates (as defined in the Code of Criminal Procedure); District Regis trars; Sub-Registrars and Rubber Production Commissioner.

Such persons shall, on the declaration paper, certify the incapacity and attest the fact of his having been requested, by the voter to mark the voting paper for him and of its having been so marked by him in the presence of the voter, If a voter inadvertantly spoils a voting paper, he can return it to the Return ing Officer who will, if satisfied of such inadvertence, issue to him another paper.

The scrutiny and counting of votes will begin on Station • Dated Returning Officer, [No. 20(3)Plant/54.]

P. C. ALEXANDER, Dy. Secy.

New Delhi, the 1st August 1955 RUBBER CONTROL S.B.O. 1663.—In exercise of the powers conferred by sub-section (3) (a) of section 4 of the Rubber Act, 1947 (.XXIV of 1947) the Central Government hereby appoints Shri N. Sankara Menon as Chairman, Rubber Board with effect from the 1st day of August 1955.

[No. 20 (2A) Plant/55.]

HARBANS SINGH, Under Secy.

RUBBER CONTROL New Delhi, the 1st August 1955 S.R.O. 1664.—In exercise of the powers conferred by sub-section (1) of section 12 of the Rubber Act, 1947 (XXIV of 1947), the Central Government hereby fixes one anna per pound as the rate at which the duty of excise shall be levied and collected as a cess on all rubber produced in India and notifies the 1st day of August, 1955, as the date with effect from which that duty shall be levied and collected at the rate aforesaid.

[No. 20 (3) Plant/55.]

P . C. ALEXANDER, Dy. Secy.

1638 THE GAZETTE OF INDIA EXTRAORDINARY tPAHT II COFFEE CONTROL New Delhi, the 1st August 1955 S.B.O. 1665.—In exercise of the powers conferred by sub-section (2) of section 1 of the Coffee Market Expansion (Amendment) Act, 1954 (50 of 1954), the Central Government hereby appoints the 1st day of August, 1955, as the date on which the said Act shall come into force.

[No. 15(5)Plant/55.]

8.R.O. 1666.—In exercise of the powers conferred by section 48 of the Coffee Act 1942 (VII of 1942) and in supersession of the Coffee Market Expansion Rules, 1940, the Central Government hereby makes the following rules, namely: —

CHAPTER I PRELIMINARY

1. Short title.—These rules may be called the Coffee Rules, 1955.

2. Definitions.—In these rules, unless the context otherwise requires,—

(1) "the Act" means the Coffee Act, 1942 (VII of 1942),

(2) "Accounts Officer" means the Accounts Officer of the Board,

(3) "Board" means the Coffee Board constituted under Section 4,

(4) "Chairman" means the Chairman of the Board,

(5) "Chief Coffee Marketing Officer" means the Chief Coffee Marketing Officer of the Board and includes the Deputy Chief Coffee Market ing Officer,

(6) "Committee" means any Committee constituted or appointed by the Board under sub-section (2) of section 7,

(7) "Deputy Chief Coffee Marketing Officer" means the Deputy Chief Coffee Marketing Officer of the Board,

(8) "Deputy Secretary" means the Deputy Secretary to the Board,

(9) "Director of Research" means the Director of Research of the Board,

(10) "Form" means a Form set out in the First Schedule,

(11) "large grower" means a registered owner owning land planted either with arabica coffee, robusta coffee, are both aggregating to not less than 50 acres, whether such land is comprised in one estate or more than one estate,

(12) "Member" means a member of the Board,

(13) "robusta grower" means a registered owner owning land planted with robusta coffee plants aggregating to not less than 5 acres, whether such land is comprised in one estate or more than one estate:

Provided that where both robusta and arabica plants are planted, the area under robusta shall not be less than the area under arabica;

(14) "Schedule" means a Schedule set out in these rules,

(15) "Secretary" means the Secretary to the Board,

(16) "Section" means a section of the Act,

(17) "small grower" means a registered owner who Is not a large grower,

(18) "Vice-Chairman" means the Vice-Chairman of the Board, and

(19) "year" means the year as defined in the Act, except for the purpose ' of preparing a budget out of the general fund of the Board, in which case year shall mean the financial year commencing on the first day of April.

SEC. 3] THE GAZETTE OF INDIA EXTRAORDINABY i639

CHAPTER II BOARD AND ITS CONSTITUTION

3. Constitution of the Board and manner of filling vacancies.— (1) The Board shall consist of the Chairman and thirty-three other members representing the in dustry, bodies, authorities and other interests specified in clauses (ii) to (xiv) of sub-section (2) of section 4.

(2) Of the four persons to represent the coffee growing industry in each of the States of Coorg, Mysore and Madras under clauses (vi), (vii) and (viii) respecti vely of sub-section (2) of section 4, two persons shall represent large growers, one person robusta growers and one person small growers. The persons repre senting the large growers in a State shall be elected from among the large gro wers of that State In accordance with the rules specified in the second schedule. The persons representing the robusta growers and small growers of each State shall be nominated by the Central Government after making such consultation it may think fit.

(3) The Central Government may make such consultation as it may think fit before appointing the representatives specified in clauses (ix) to (xiii) of sub section (2) of section 4 as members of the Board.

4. Term of office.— (1) Save as hereinafter provided, a member shall hold office for three years from the date of the publication of the notification in the official Gazette notifying his nomination or election and shall be eligible for r e - nomination or re-eleclion, as the case may be.

(2) A member elected or nominated to fill a casual vacancy, or a member nominated by the Central Government on failure of any authority or body men tioned in sub-section (2) of section 4 to make a nomination shall hold office so long as the member whose place he fills would have been entitled to hold office if the vacancy had not occurred or the nomination had not been made, as the case may be.

5. Membership Roll. — The Secretary shall keep a record of names of members and their addresses.

6. Change of Address.—If a member changes his address, he shall notify his new address to the Secretary who shall thereupon enter his new address in the official records but if he fails to notify his new address, the address in the official records shall for all purposes be deemed to be the member's correct address.

7. Resignation.—A member of the Board or of a Committee may resign his office by a letter addressed to the Secretary, but the resignation shall not take effect until it is accepted by the Chairman of the Board or of the Committee, as the case may be.

8. Removal from the Board.—The Central Government may remove any mem ber from his office:

(a) if he becomes bankrupt or insolvent or suspends payment or compounds with his creditors, or

(b) if he is convicted of any offence which is punishable under the Indian Panel Code (Act XLV of 1860) and is under the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), non-bailable, or

(d) if he absents himself from two consecutive meetings of the Board without the leave of the Chairman and in any case from three consecutive meetings, or 1640 THE GAZETTE OF INDIA EXTRAORDINARY

(e) if he defaults in payment of any dues to the Board, and is so declared by the Board.

9. Absence from India.—(1) Before a member departs from India—

(a) he shall intimate to the Secretary the date of his departure from and the date of his expected return to India; and

(b) if he intends to be absent from India for a period longer than six months, he shall tender his resignation.

(2) If any member departs from India without taking either of the courses mentioned in sub-rule (1), he shall be deemed to have resigned his office wi th effect from the date of his departure from India.

10. Vice-Chairman.— (1) The Board shall, in each year out of its own number, elect a person to be the Vicc-Chairman for a period of twelve months commencing:

from the date of his election.

(2) In the event of the Vice-Chairman resigning his office as such or ceasing to be a member of the Board, the Board shall at its next meeting elect a member to be Vice-Chairman for the unexpired portion of the term of office of the Vicechai rman elected under sub-rule (1).

CHAPTER III PROCEDURE-BOARD AND COMMITTEES

11. Minimum number of meetings of the Board.—There shall be not less than two ordinary meetings of the Board in a year on dates to be fixed by the Chair man and at such places as the Chairman may think fit. The interval between any two ordinary meetings shall not, in any case, be longer than eight months.

12. Power to call Board meetings.— (1) The Chairman of the Board may a t any time call a meeting of the Board and shall do so a requisition for that pur pose is presented to him by at least eight members of the Board.

(2) At least fourteen clear days before any meeting of the Board, notice of the time and place of the intended meeting, signed by the Secretary, shall be sent to the Government of India in the Ministry of Commerce and Industry and left at or posted to the address of every member of the Board:

Provided that in cases of urgency, a special meeting may be summoned at any time by the Chairman who shall inform in advance the Government of India in the Ministry of Commerce and Industry and members of the subject matter for discussion and the reasons for which he considers it urgent. No ordinary business shall be transacted at such special meetings.

(3) The Chairman of the Board may require any officer of the Board or invite any person or persons to attend any meeting of the Board, but such officer or person or persons shall not have the power to vote.

13. Quorum.—No business shall be transacted at any meeting of the Board unless there are present at least twelve members.

14. Presiding over Board meetings.—The Chairman shall preside at every meeting of the Board at which he is present, and In his absence, the Vice- Chairman shall preside, but when both the Chairman and the Vice-Chairman are absent from any meeting, the members present shall elect one of their number to preside at that meeting.

15. Agenda.— (1) The Chairman of the Board shall cause to be prepared and circulated to the Government of India in the Ministry of Commerce and Industry and among the members at least ten days before an ordinary meeting of the Board a list of business to be considered at that meeting.

(2) No business not set down on the agenda shall be considered without the permission of the Chairman.

16 Business by circulation.—(I) All questions which the Board is required to take into consideration shall be referred to the members of the Board either at its meetings or by circulation of papers if the Chairman so directs and copies of all papers so placed at the meeting or so circulated to members shall be sent to the Government of India in the Ministry of Commerce and Industry.

SEC. 3] THE GAZETTE OF INDIA EXTRAORDINARY 1641

(2) Any proposal or resolution so circulated and approved by the majority of members who have recorded their views in writting shall be as effectual and binding as if such proposal or resolution were decided by a majority of votes of members at a meeting:

Provided that at least twelve members of the Board have recorded their views on the resolution or proposal:

Provided further, that the papers need not be sent to any member who is absent from India:

Provided also that when a question is referred by circulation of papers any four members of the Board may require that the question be referred to a meeting, and thereupon such a reference shall be made to the Board at a meeting.

(3) When any business is referred to members ' of the Board by circulation, a period of not less than 10 clear days shall be allowed for receipt of replies from members. Such period is to be reckoned from the date on which the notice of business is issued.

(4) If a resolution or proposal is circulated, the results of the circulation shall be communicated to all the members and to the Government of India in the ^Ministry of Commerce and Industry.

(5) All decisions on questions arrived at by circulation of papers shall be placed at the next meeting of the Board for record.

17. Voting.— (1) Except as provided in rule 16 every question brought before any meeting of the Board shall be decided by a majority of the members present and voting at the meeting before which the matter is brought.

(2) In the case of an equality of votes, the Chairman or the Vice-Chairman or any other member presiding at the meeting, shall have a second or casting vote.

18. Appointment of Committees.— (1) The Board may appoint every year the following standing Committees and may appoint such other Committees as the Board deems necessary to exercise such powers and discharge such functions as may be delegated to it under these rules, namely: —

(a) an Executive Committee consisting of: —

(i) the Chairman who shall be the ex-offlcio Chairman of the Committee,

(ii) the Vice-Chairman,

(iii) the members representing the Governments of Mysore, Madras and Coorg, and

(iv) three other members appointed by the Board by election, of whom not more than two shall be representatives of growers;

(b) a Propaganda Committee consisting of:—

(i) the Chairman who shall be the ex-officio Chairman of the Committee, and

(ii) Ave other members appointed by the Board by election;

(i) the Chairman who shall be the ex-officio Chairman of the Committee, and

(ii) nine other members appointed by the Board by election, of whom Ave shall be representatives of growers; two shall be representatives of the coffee trade and two shall be representatives of consumers:

Provided that the Chief Coffee Marketing Officer shall attend all meetings of the Marketing Committee and participate in its proceedings but shall have no right to vote:

(d) a Research Committee consisting of: —

(i) the member representing the Government of the State of Mysore who shall be the Chairman of the Committee,

(ii) the member representing the Government of the State of Madras,

(iii) the member representing the Government of the State of Coorg, and

(iv) seven other members appointed by the Board by election of whom three members shall be from the State of Mysore:

1642 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

Provided that the Director of Research shall attend all meetings of the Com mittee and participate in its proceedings but shall have no right to vote.

(2) Sub-Committee.—A Committee appointed by the Board may appoint a Sub-Committee from among its members for enquiring and reporting on any specified subject or any other purpose within the scope of the functions allotted to it by the Board, Such Sub-Committee shall have no statutory powers.

(3) The Chairman of any Committee appointed by the Board may require any officer of the Board or invite any person or persons to attend any meeting of the Committee but such officers or persons shall have no right to vote.

(4) Functions of Committees.— (a)Propaganda Committee.—Subject to such restrictions as may be imposed by the Board, the Propaganda Committee shall discharge all the functions of the Board in regard to such measures as may be undertaken for promoting the sale and increasing the consumption in India and elsewhere of coffee produced In India.

(b) Marketing Committee.—Subject to such restrictions as may be imposed by the Board, the Marketing Committee shall discharge all the functions of the Board in regard to the Coffee Marketing Scheme as set forth in the Act and the Rules.

(c) Research Committee.—Subject to such restrictions as may be imposed by the Board, the Research Committee shall discharge all the functions of the Board in regard to the promotion of agricultural and technological research in the interest of the coffee industry in India,

(d) Executive Committee.—-The Executive Committee shall in addition to such functions as have been specifically assigned to it under these rules, dis charge any other functions of the Board in regard to matters not specifically assigned to the Propaganda, the Marketing or the Research Committee or any other Committees which may be constituted by the Board.

19, Power to call Committee meetings.— (1) The Chairman of a Committee may, at any time call a meeting of his Committee and shall do so, if a requisi tion for that purpose is presented to him by at least half the total number of members of the Committee,

(2) At least ten clear days before the date of any meeting of a Committee, notice of the t ime and place of the intended meeting, signed by the Chairman of the Committee or the Secretary to the Board, shall be sent to the Govern ment of India in the Ministry of Commerce and Industry and left at or posted to the address of every member of the Committee:

Provided that in cases of an emergency, a special meeting may be summon ed, at any time, by the Chairman of the Committee who shall inform, in ad vance the Government of India in the Ministry of Commerce and Industry ajid members of the Committee, of the subject matter for discussion and the reasons for which he considers the matter to be urgent. No ordinary business shall be transacted at such special meeting.

20, Quorum..—No business shall be transacted at a meeting of a Committee unless there are present more than half the number of members constituting the Committee including the Chairman, if present.

21, Absence from meetings of a Committee.—Any member of a Committee absenting himself from two consecutive meetings without leave of the Chairman and, in any case, from three consecutive meetings shall cease to be a member of the Committee, 22, Filling of casual vacancies.— (1) Any casual vacancy on a Committee shall be filled by the remaining members of the Committee from amongst the mem bers of the Board.

(2) A person appointed in a casual vacancy shall hold office so long as the member whose place he fills would have been entitled to hold office, if the vacancy had not occured:

Provided that when a member goes on leave, the person co-opted shall hold office until the member returns from leave.

23, Presiding over Committee meetings.—The Chairman of a Committee shall preside at every meeting of the Committee at which he is present; if he is absent, SEC. 3] THE GAZETTE OF INDIA EXTRAORDINARY 1643 the Vice-Chairman, if he is a member of the Committee, or the member nomi nated by the Chairman shall preside: but if the Chairman of the Committee or the Vice-Chairman or the member so nominated is absent, the members present at a meeting shall elect one of their number to preside at that meeting.

24. Agenda.—(1) The Chairman of a Committee shall cause to be prepared and circulated to the Government of India in the Ministry of Commerce and In dustry and among members of the Committee at least seven days before a meet ing of the Committee a list of business to be transacted at that meeting.

(2) No business not on the list of business shall be taken up without the per mission of the Chairman.

25. Business by circulation.— (1) Questions which a Committee is required to take into consideration shall be referred to the members of the Committee either at its meeting or by circulation of papers, if the Chairman of the Committee so directs and copies of all papers so placed at the meeting or so circulated to members shall be sent to the Government of India in the Ministry of Commerce and Industry.

(2) Any proposal or resolution so circulated and approved by the majority of members who have recorded their views in writing shall be as effectual and binding as if such proposal or resolution were decided by a majority of votes at a meeting:

Provided that—

(a) at least a majority of the members of the Committee have recorded their views on the resolution or proposal;

(b) the papers need not be sent to any member who is absent from India;

(c) the Chairman of the Committee shall have the power to require any such decision to be placed before the Board for its consideration and the implementation of the Committee's decision shall be deferred till the matter is considered by the Board,

(d) when a question is referred to by circulation of papers any two mem bers of the Committee may require that the question be considered at a meeting of the Committee and thereupon such subject shall be included on the agenda for the next meeting of the Committee.

(3) When any business is so referred to members of a Committee by circula tion, a period of not less than seven clear days shall be allowed for receipt of replies from members. Such period is to be reckoned from the date on which notice of business is issued.

(4) If a resolution or proposal is circulated, the result of the circulation shall be communicated to all the members and to the Government of India in the Ministry of Commerce and Industry.

(5) All decisions on questions arrived at by circulation of papers shall be placed at the next meeting for record.

26. Voting.— (1) Every question at a meeting of a Committee shall be decided by a majority of the members present and voting on that question.

(2) In the case of an equality of votes, the Chairman or the member presid ing shall have a second or casting vote.

27. Record of business.— (1) A record shall be maintained by the Secretary to the Board of items of business transacted by the Board or Committees thereof and copies of such records shall be submitted to the Central Government.

(2) The record of business transacted at every meeting of the Board and of the Committees shall be signed by the Chairman or the member presiding at such meeting.

(3) When any business is transacted by circulation of papers, a record of the business so transacted shall be signed by the Chairman of the Board or the Committee, as the case may be, directing the circulation.

28. Travelling and other allowances to members of the Board and its Com~ mittees.—A member of the Board other than a Government servant, shall be entitled to draw, in respect of any journey performed by him for the purpose of attending a meeting of the Board or of a duly constituted Committee thereof or for the purpose of discharging any duty assigned to him by the Board or the Committee concerned, travelling allowances and daily allowances in accordance with the rules and orders issued by the Central Government from time to time and at the highest rates admissible to Government servants of the first grade.

1644 T H E GAZETTE OF INDIA EXTRAOBDINARY [PAHT II

29. Revision.— (1) The Central Government may, for reasons to be recorded in writing review any decision of the Board or its Committees and pass such order in the matter as It thinks fit.

(2) A copy of such order of the Central Government shall thereupon be sent to the Board or the Committee concerned, as the case may be, by the Central Government.

(3) On receipt of a copy of the order as aforesaid, the Board or the Com mittee, as the case may be, may make a representation to the Central Govern ment against the said order and the Central Government may after considering the said representation, either cancel, modify or confirm the order passed by it under sub-rule (1) or take such other action in respect of the matter as may in the opinion of the Central Government, be just or expedient, having regard to all the circumstances of the case.

CHAPTER IV THE BOARD AND ITS ESTABLISHMENT

30. Salaries and allowances.—The salaries, allowances, pension, leave and other contributions, if any, of the Chairman and other officers appointed by the Government under the Act shall be met from the Board's funds.

31. Board's establishment.— (!) The Board shall, from time to time sanction such other establishment as is not covered by section 9 and may, subject to the approval of the Central Government, lay down the methods of recruitment, the conditions of service, the pay and allowances of all such officers and servants to be employed by it:

Provided tht no post, the maximum salary of which exceeds rupees five hund red per mensem shall be created or appointment made thereto without the pre vious sanction of the Central Government:

Provided further, that in case of exigencies, temporary posts which would need to be created in the interests of the Board and the maximum salary of which posts does not exceed Rs. 500 per mensem, may be created and appoint ments against them be made by the Chairman.

(2) (a) Fillinp of posts by direct recruitment,—(i) All vacancies in the rank of officers to be filled by direct recruitment, shall be advertised and all vacan cies in other ranks shall be notified to the Regional Employment Exchange con cerned, unless the Chairman for valid reasons to be recorded decides otherwise.

(ii) A statement of all applications received from candidates and recommenda tions from the Employment Exchange shall be made and placed before the authorities competent to make appointments under these rules.

(ili) In respect of all vacancies in posts of Class IV, appointments shall be made by the Chief Officers of the departments concerned, that is, Chief Coffee Market ing Officer, Director of Propaganda, Director of Research or the Secretary, as the case may be, from the statement of applicants placed before them. The Chief Officer of the department concerned may delegate, with the approval of Chair man, to any officer of the department such of his powers under this rule as he may deem fit.

(iv) In respect of all vacancies in Class III, appointments shall be made by the Chairman from the statement of applicants placed before him and he may delegate to the Chief officer of the department concerned such of his powers under this rule as he may deem fit,

(v) In respect of posts of all officers, other than those mentioned in section 9 and those whose maximum salary exceeds Rs. 500/- per mensem appointments shall be made by the Chairman from the statement of applicants placed before him in consultation with the Executive Committee.

(2) (b) . Filling of posts by promotion.— (i) If a vacancy in respect of posts of Class IV in the Board's establishment is to be filled up by promotion, the cases of all the candidates for promotion shall be examined by the Chief officer of the Department concerned and appointments shall be made by him.

(ii) If a vacancy in respect of posts of Class III in the Board's establishment is to be filled up by promotion, the cases of all the candidates for promotion shall be examined by the Chairman and appointments shall be made by him.

SEC. 3] THE GAZETTE OF INDIA EXTRAORDINARY 1645

(ill) If a permanent vacancy in respect of sanctioned posts of officers in the Board's establishment the maximum salary of which does not exceed Rs. 500/- per mensem is to be filled up by promotion, the cases of all the candidates eligible for promotion shall be examined by the Chairman and appointment made by him.

(iv) If a permanent vacancy in respect of sanctioned posts of officers in the Board's establishment, not covered by section 9 or the maximum salary of which exceeds Rs. 500/- per mensem is to be filled by promotion, the cases of all the candidates eligible for promotion shall be examined by the Board and appoint ments shall be made by it, subject to the approval of the Central Government.

(2) (c) . Filling of temporary vacancies in sanctioned posts.—Temporary vacan cies in respect of sanctioned posts which are not covered by section 9 shall be filled by tlhe Chairman.

(3) Postings and Transfers.—Postings and transfers of all officers and servants •of the Board shall be made by the Chairman who may delegate this power subject to such conditions as he thinks fit to the Chief Coffee Marketing Officer, the Director of Propoganda, the Director of Research, or the Secretary.

(4) Pay, leave and allowances including Travelling Allowance.— (i) The pay, leave and allowances of all officers and servants appointed by the Board, shall so far as may be, be regulated in accordance with the Fundamental Rules and Supple mentary Rules applicable to Government servants of the Central Government.

The Chairman may grant leave to all sucl\ officers and servants and may also delegate this power to the Chief officers of the Departments subject to such con ditions as he thinks fit.

(li) The pay, leave and allowances including travelling allowances of officers mentioned in section 9 and also permanent Government officers lent or transferred to the Board shall be regulated by the Central Government.

(iii) In the case of officers engaged on contract by the Board, leave rules shall be framed by the Board with due regard to the provisions of Model Leave terms framed by the Central Government for officers engaged on contract under thencontrol.

(6) Penalties.— (1) The following penalties may for good and sufficient reasons be imposed on the officers and servants of the Board, namely; —

(a) Warning.

(b) Censure.

<c) Suspension.

<d) Recovery of the pay of the whole or part of pecuniary loss caused to Board by negligence or breach of trust.

(e) withholding of increment or promotion including stoppage at efficiency bar.

(f) Reduction to a lower post of the time scale or to a lower stage in the time scale.

(g) Removal.

(h) Dismissal.

(li) The Chairman may impose any of the said penalties in respect of all officers and servants whom he is empowered to appoint and may delegate the powers under this rule to officers under him to such extent as he deems fit.

(iii) The Chairman may impose any of the penalties specified in sub-clauses

(a) and (b) of clause (i) on other officers and servants of the Board and also on officers mentioned in section 9 but shall intimate the action taken by him in this regard in respect of the latter to the Government of India in the Ministry of Commerce and Industry.

(iv) The Board may impose the penalties specified in sub-clauses (c) to (h) of clause (i) in respect of the officers and servants appointed by it and may dele gate those powers to the Executive Committee to such extent as it deems fit subject to the conditions, namely: —

(a) that no person shall be removed or dismissed from or reduced in the office, the maximum salary of which exceeds Rs. 500/- per mensem without the sanction of the Central Government;

1646 THE GAZETTE OF INDIA EXTRAORDINARY [PART U

(b) that no person shall be removed or dismissed or reduced by an authorlty lower in rank than the authority empowered to appoint him sub stantively to the post he holds;

(c) that no person shall be removed, dismissed or reduced without giving him reasonable opportunity to show cause against such action;

(d) that these powers shall not be exercised in respect of officers mentioned in section 9 and permanent Government officers transferred to tn« Board:

Provided that no punishment shall be inflicted on Government officers lent to the Board except by the Governments concerned.

(6) The Board may delegate its powers under this rule to the Executive Com mittee.

CHAPTER V FINANCES AND ACCOUNTS OF THE BOARD

32. Power to incur expenditure.— (1) Subject to the provisions of the Act and these rules, the Board may incur such expenditure as it may think fit and write off losses or waive recoveries upto Rs. 5,000 in any single case:

Provided that, save with the previous sanction of the Central Government, no expenditure shall be incurred which is in excess of the allotments under any head in the budget sanctioned by the Government:

Provided further that the Central Government may by standing instructions permit such expenditure generally within limits that may be laid down by it.

( la) The Board may delegate the powers under sub-rule (1) to the Chairman or any of its Committees or its officers,

(2) Re-appropriations between the heads of expenditure specified in rule 33 shall not be made, save with the previous sanction of the Central Government or within such limits as may be laid down by it in this behalf. Re-appropriations between sub-heads wthin a head may, however, be made by the Board and the Board may delegate its powers in this behalf to the Chairman or to any of its Committee to such extent as it may deem fit.

(3) Subject to such restrictions as may be Imposed by the Board the Executive Committee shall exercise all powers of the Board in regard to the control and disposal of the General Fund, and the Marketing Committee shall exercise all powers of the Board in regard to the control and disposal of the Pool Fund; other committees shall also exercise all the powers of the Board in regard to the control and disposal of such funds as are placed by the Board at their disposal.

33. Budget Estimates.— (1) The Board shall in each year prepare a budget for the General Fund for the ensuing financial year and shall submit it for the sanction of the Central Government on or before such date as may in this behalf be appointed by that Government.

(2) The budget shall be in such form as the Central Government may direct and shall include a statement of: —

(a) the estimated opening balance;

(b) the estimated receipts from the Customs duty on all coffee levied under section 11 and the duty of excise levied under section 12;

(d) the proposed expenditure classified under the following head or such other heads as the Central Government may direct:

(i) administration;

(ii) measures for promoting the sale and increasing the consumption of coffee (a) in India and (b) outside;

(iii) research;

(iv) statistics;

(v) Others.

SEC. 3J THE GAZETTE OF INDIA EXTRAORDINARY 1647

(3) The proposed expenditure under each head shall be further classified under the following sub-heads: —

(i) Pay of Officers.

(ii) Pay of establishment.

(iii) Allowances, honoraria etc.

(iv) Other charges, contingencies etc.

(4) Supplementary estimates of expenditure, if any, shall be submitted for the sanction of the Central Government in such form and on such dates as may be directed by it in this behalf.

(5) The High Commissioner for India may function as Agent of the Board for promotion of sale of coffee in the United Kingdom, and may be authorised by the Board to incur such expenditure as he deems fit subject to the budget provision for the purpose. He shall be supplied with funds by the Secretary by remittances from the General Fund account. Before the close of each year, he shall prepare budget estimates for the ensuing year showing the opening balance, receipts, expenditure and closing balance and send them to the Secretary for adoption by the Board and submission to the Central Government for approval.

34. Accounts of the Board.—The Board shall maintain separate accounts for the General and Pool Funds.

(1) General Fund.— (i) In respect of General Fund relating to each year for which budget estimates are prepared, the Board shall maintain accounts of receipts and expenditure in such form as may be prescribed.

(ii) The audited statement of receipts and expenditure for each period together with the auditor's report thereon shall be submitted to the Central Government.

(iii) After the close of each year, the High Commissioner shall send to the Secretary an audited account of his receipts and expenditure. The Secretary shall place the statement before the Board and afterwards transmit it to the Central Government.

(iv) An abstract of statement of receipts and expenditure shall be published in the Gazette of India.

(v) The accounts of the receipts shall be shown under the following heads:-

(a) Moneys received under section 13 (1);

(b) Moneys received under the proviso to section 32 (2),

(vi) The opening balance, if any, shall also be stated as such separately.

(vii) Accounts of expenditure shall be shown under the following heads :-

(a) Administration of the Board.

(b) Measures taken for promoting the cultivation and curing and/or proces sing of Indian coffee.

(d) Measures taken for promoting agricultural and technological research in the interest of coffee industry in India.

(e) Statistics.

(f) Grants under section 31 (2) (c) and (e) .

(g) Miscellaneous.

(viii) The closing balance of the year shall be shown at the foot 01 the ac counts of the expenditure side,

(2) Pool Fund.— (i) The accounts of the Pool Fund shall be maintained sepa rately for each season and in such form as the Board may direct and shall show inter alia—

(a) the amount realised on account of the sale of coffee from the surplus pool,

(b) the total sum distributed to registered owners,

(d) the amount spent in purchasing coffee from registered owners, !<548 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

(e) amount of the duty of excise paid on coffee that may be released by the Board from the surplus pool for sale in the Indian Market,

(f) expenditure on account of the administration of the surplus pool for which budget estimates are prepared and got approved by the Board, and

(g) expenditure on account of the marketing of coffee deposited In the surplus pool.

(li) The audit report on the accounts of the Pool Fund together with the ex planatory notes shall be put up to the Board for approval.

35. Deposit of Funds of the Board in Banks and the investment of such Funds.—

(1) Money required for current expenditure of the Board with the exception of petty cash and surplus moneys shall be kept in a current account in such Banks as the Central Government may approve.

(2) Any funds not required for current expenditure may be placed in deposit account with the Central Government in the Public Account.

(3) The placing of money in deposit with the Central Government shall re quire the sanction of the Chairman or in his absence, of the Vice-Chairman.

(4) Payments by or on behalf of the Board shall be made In cash or by cheque drawn against a current acount of the Board.

(5) The cheque referred to in sub-rule (4) and all orders for making deposits or investments or for the withdrawal of the same or for the disposal in any other manner of the General and Pool Funds of the Board shall be signed—

(i) in respect of the General Fund by the Accounts Officer or any other officer duly authorised by the Board in this behalf and countersigned by the Chairman or any other officer duly authorised by him.

(ii) in respect of the Pool Fund by the Accounts Officer or any other officer duly authorised by the Board in this behalf and countersigned by the Chairman or any other officer duly authorised by him.

(6) The Chairman may also authorise withdrawal from the General or Pool Fund account for opening subsidiary current accounts in Banks approved by the Central Government in the official designation of the Director of Research or any other officer authorised by the Director of Research or other Marketing officers to enable them to make payments.

36. Contracts.—The Board may enter into contracts for the discharge of the duties entrusted to it under the Act provided that every contract which extends over a period of more than five years or involves expenditure in excess of one lakh rupees shall require the previous sanction of the Central Government.

(2) The Board may delegate to the Chairman or any Committee the power to enter into contracts to such extent as it deems fit.

(3) The Board may issue subsidiary orders authorising the officers of the Board or its agents to execute contracts specifying the clauses of contracts and the conditions subject to which they may be executed.

(4) Contracts shall not be binding on the Board unless they are executed by the Chairman or any officer or agent authorised by the Board with the previous approval of the appropriate authority concerned.

(5) Neither the Chairman nor any officer of the Board nor any member or agent of the Board shall be liable for any assurances or contracts made by the Board but any liability arising under such assurances or contracts shall be dis charged from the monies at the disposal of the Board.

CHAPTER VI POWERS OF THE BOARD AND ITB CHAIRMAN

37. Restriction on delegation of powers.—The Board shall not delegate any of the following powers to the committees: —

(a) the power to sanction non-recurring expenditure in excess of Rs. 20,000 in respect of any single item and recurring expenditure which involves an outlay of more than Rs. 20,000 in a year;

Sic . 3] THE, GAZETTE OF INDIA' EXTRAORDINARY 1649

(b) the power to adopt the Budget estimates of the Board on its behalf;

(d) the power to reappropriate estimated savings in excess of Rs. 2,500 in the case of any single item; and

(e) the power to write off losses or waive recoveries in excess of Rs. 1,000 In any one case.

38. Borrowing powers.—The Board shall have power to take money on loan from a bank or banks approved by the Central Government against the securities held by such banks on behalf of the Board or against the security of the Pool Fund or on the security of the coffee delivered or treated as delivered for inclu sion in the surplus pool for purposes for which it is authorised to expend money from the General Fund or the Pool Fund upon the following conditions namely: —

(a) no such loan for the General Fund or the Pool Fund shall be taken without the matter being placed before the Executive Committee of the Board in respect of a loan obtained for the General Fund and before the Marketing Committee of the Board in respect of a loan obtained for the Pool Fund;

(b) every such loan shall be repaid within one year from the date on which it was taken; and

39. Powers of the Chairman.— (1) The Chairman shall be responsible for the proper functioning of the Board and the Committees thereof and the implemen tation of the decisions arrived at by the Board or by the Committees and the discharge of the duties imposed on him by these rules or under the Act.

(2) The Chairman shall be the principal executive officer of the Board and shall exercise administrative control over all departments and officers of the Board.

(3) Subject to such delegations as may be made by the Chairman to such other officer or officers as may be appointed for the purpose of this rule, the Chairman shall—

(a) cause all important papers and matters to be presented to the Board as early as practicable;

(b) issue direction as to the mothod of carrying out the decisions of the Board:

(c) grant or subject to a resolution by the Board, authorise some other person to grant, receipts on behalf of the Board for all monies received under the Act;

(d) maintain or cause to be maintained an account of the receipts and expen diture of the Board; and

(e) present annual draft report on the working of the Board to the Board for approval and submit the report in the form approved by the Board to the Cent ral Government.

(4) Subject to the budget provision, the Chairman may sanction expenditure on contingencies, supplies and services and purchase of articles required for the working of the office of the Board and required for the execution of measure in furtherance of the objects of the Act:

Provided that the Chairman may by order in writing delegate any of his powers under this sub-rule to any other officer of the Board.

(5) The Chairman shall have, in addition to such powers as may be delegated to him by the Central Government or the Board in accordance with the nrovfewms with the provisions of the Act: —

(i) (a) power to Inspect by himself or by any officer of the Board authoris ed by him in this behalf or to appoint agents for the purpose of inspecting any registered estate or licensed curing establishment or any place where coffee is stored or exposed for sale and to examine the books of any such estate or establishment or place- 1650 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

(b) power to check the composition of blends maufactured by different roasters and to issue certificates to them indicating the composition and to inspect himself, or to authorise his subordinate officers to inspect any roasting establishment and to examine accounts and records of any such establishment and to collect samples of blends for inspection;

(11) power to Issue a permit for the re-importation of Indian coffee Into India,

(iii) power to issue licences for sale of uncured coffee or in respect of curing establishment,

(iv) power to require the Board or any Committee to defer taking action, pending a reference to the Central Government, on any decision on any of the following matters:

(a) division of the crop of a registered estate on the basis of percentage to be allotted to each estate,

(b) administration and marketing of the surplus pool,

(d) licensing of coffee curing establishments,

(e) fixing of a differential scale for valuing coffee,

(f) modification or cancellation of contracts,

(g) borrowing of any money by the Board and

(h) any other matter which In his opinion is not in the public interest or agamst the declared policy or intention of the Central Government,

(v) such other powers as may be delegated to him by the Board:

Provided that all or any of the powers specified in clauses (i), (ii) and (lli) and sub-clauses (a), (b) (c) and (d) of clause (lv) may be delegated by the Chairman to the Chief Coffee Marketing Officer by an order in writing either generally or within a prescribed jurisdiction:

Provided further that where a matter has to be disposed of by the Board or a Committee and the decision cannot wait till a meeting of the Board or the appro priate Committee as the case may be is held, or till completion of circulation of papers the Chairman may take a decision himself and after taking decision there on, keep the members of the Board or the Committee informed of the decision so taken.

CHAPTER VII MARKETING AND LICENSING

40. Purchasing and selling coffee by the Board in the internal market.— (1) The Board may, and if so directed by the Central Government shall, purchase coffee from the Indian market, when the Board, or as the case may be, the Central Govern ment is satisfied— (I) that the amount of coffee available for sale In the Indian market exceeds or is likely to exceed the estimated demands of the Indian market to such an extent as to cause or threaten a serious fall In prices; or

(ii) that there is not enough coffee of the kind or quality in the surplus pool to enable the Board to fulfil the demands for the export of coffee.

(2) The Board may release coffee from the surplus pool for sale In the Indian market In its discretion and shall do so— (I) when it is satisfied that the amount of coffee available in the internal market according to Its kind and quality falls short of the requirements of the Indian market; or (U) when necessary directions are issued by the Central Government.

Sic. 3] THE GAZETTE OF INDIA EXTRAORDINARY 1651

41. Appointment of Agents.—The Board may appoint any person or body of persons to act as its agents for all or any of the following purposes, namely: —

(a) marketing of coffee in the Indian Market or for export;

(b) storing of cofl'ee which is in the custody of the surplus pool;

(c) supervising the curing of coffee by licensed curing establishments and the deliveries of cured coffee by such curing establishments to the surplus pool;

(d) collecting of coffee from planters for delivery to the surplus pool; and

(e) making payments from the funds received from the Board to planters on eoilee delivered.

42. Remuneration to Agents.—The Board shall fix the remuneration to be granted to the agents for the services rendered by them.

43. Licence for sale of uncured coffee from an estate.— (1) An application for a licence for the sale from an estate of uncured coffee under section 24 shall be in Form A.

(2) Any licence issued by the Board under the said section may be for the whole amount of coffee covered by internal sale quota of the estate, or for any lower amount and shall be as in Form B.

(3) No fee shaill be payable for any licences issued under sub-rule (2).

44. Export of Coffee.— (1) The Board may authorise the export of coffee under aection 20 under such terms and conditions as it may deem fit in any of the following cases, namely:—

(i) coffee sold by the Board in pursuance of its functions under section 26;

(li) roasted or prepared cofl'ee;

(2) The Board shall issue orders for the export of coffee and permits for re-importation of exported coffee in Forms C and D respectively.

45. Licensing of curing establishments.— (1) An application by a curing estab lishment for a licence under section 28 shall be accompanied by a fee of rupee Ave:

Provided that the Board may exempt from payment of licence fee any estate which hulls its own coffee on the estate.

(2) (i) A licence operate as a curing establishment shall be in Form E and subject to such conditions as may be specified therein.

(ii) The licence may be cancelled by the Board if the Board Is satisfied after giving the licence that the curing establishment has committed a breach of the provisions of the Act or these rules or of the conditions of the licence.

(3) Licences issued by the Board under section 24 or section 28 shall be In num bered forms of which counter-foils shall be maintained by the Board. Such licence shall not be transferable.

(4) Every curing establishment shall at such times or at such intervals as may be required by the Board send by registered post to the Board statements showing the amount of cured coffee sold by it on behalf 0f each estate with which it was dealing for the year as defined in clause (n) of section 3 and such other particulars as may be prescribed,

CHAPTER VIII MISCELLANEOUS

46. Return from Registered Estate.— (1) Every person subject to the provisions of sub-section (1) of section 14 shall, in respect of each estate owned by him send by registered post to the Board—

(i) within one month of the date he became so subject a statement showing the amount of coffee produced In each of the three preceding years,

(ii) a return in Form F—

(a) on the 1st October for estates situated in the Madurai and Tirunuleveli disricts of the State of Madras, or

(b) on the 1st of November for estates situated elsewhere, 1652 \ . T H E GAZETTE OF INDIA EXTRAORDINARY [PAHT H

(iii) a return in Form G before the seventh day and twenty-first day of every . month until the entire crop has been picked, the first return being submit ted—

(a) in October for estates situated in the Madura! and Tirunelveli districts of the State of Madras, and

(b) in January for estates situated elsewhere.

(2) The Board may require the owner to furnish any additional information as it may consider necessary.

(3) The Board may delegate its powers under this rule to the Chairman.

(4) The Chairman, or the Chief Coffee Marketing Officer or any other officer authorised by the Chairman shall have power to call for any Information or statistic* In respect of coffee or any product of coffee from:

"(a) any licensed curing establishment; and

(b) any person or Arm or company dealing in or having any connection with coffee or any product of coffee.

47. Inspection of Records by Growers.— (1) A registered owner shall be entitled on application to the Board at any time during business hours to inSpect entries in so far as they relate to the estate of wnich he is the owner and in respect of which application is made in all or any of the following books:

(») Register of growers,

(b) Register of estates,

(2) On payment of such copying charge as may be fixed by the Board, any register ed owner shall be entitled to obtain copies of any entries which he is entitled to inspect under sub-rule (1). Such entries shall be certified as correct by an official of the Board authorised in this behalf.

48. Re-delegation of powers.—The powers delegated to the Chairman, any Com mittee or any of its officers may, with the previous approval of the Board, be further delegated by the Chairman or such Committee or officers to any other officers.

THE FIRST SCHEDULE [See rule 2 do)] FORM A [St* rule 43 (ill Form of application for a licence for the ialc of uncured coffee during the year 195 '5 (1st August to 31st July) Name., of Estate Registration No. District Name of Owner/Manager Postal address S E C 3] TUB GAZETTE OF INDIA EXTRAORDINARY 1653 •Estimated Crop 'Internal *Crop already sold on 'Quantity fcr of the current sale estate or reserved which licenscason quota for such sale under cc Is now licence granted by the required Board ard particulars of such licences Arabica— ri) Parchment

(2) Cherry (including strippings and Estate Pounded,)

(3) Gleanings Robust a—

(1) Parchment (21 Cherry

(3) Gleanings Other Varieties Total •Figures to be given in Imperial bushel, if possible. If figure* rre given in any other unit of weight or measure, please add a footnote giving its equivalent pounds avt "rdupois or Imperial bushels.

Place Signat-. re Date FORME [See rule 43 (2)] No Licence for the sale of unci red coffee undrr section 24 of the Coffee?" Act.

Name of Estate Registration No.

Name of Owner/Manager Postal address » District Quantity authorised Conditions attachto be sold under, this cd to this licence, licence if any. !*• Arabica— (1, Parchment

(2) Cherry (including Strippings and Estate Pounded;

(3) Gleanings Robusta—

(1) Parchment

(2) Cherry f3) Gleanings Other varieties Total Seal.

Place Date, Nora.—This licence is not transferable Signature Chief Coffee Marketing Officert Coffee Board 1654 THE GAZETTE OF INDIA EXTRAORDINAHV [PART n FROM C [Set rule 44 (a)] COFFEE BOARD Order for the export of Coffee from India.

No.

Authority is hereby accorded to Mr./Messrs for the export of •Cwts Qrs lbj. of Coffee from the port of to particulars of this coffee being as under

1. Coffee sold as p c contract No

2. Type and Grade of coffee This permit shall be valid upto.

.Seal..

Place.

Bate.

Chief Coffee Marketing Officer, Coffee Board.

FORM D [Sit rule 44 (2)J Permit for the re-importatlon of Indian coffee exported under section 21 of the Coffee Act.

Mr of (Address) authorised to re-import into India Cwts. of Indian Coffee which wa exported on (under* the authority of the Coffee Board conveyed in their •Order No dated Seal. .

Place.

Date.

Chief Coffee Marketing Officer, Coffee Board *To be completed if the quantity was exported in terms of the Coffee Act, 1942.

FORM E [Sw rule 45 (a (i)] COFFEE BOARD Licence for curing establishment, under section 28 of the Coffee Act.

Name of curer Address of curer Conditions attaching to licence (if any) Seal Place Date NOTB.—This licence is not transferable.

Chief Coffee Marketting Officer, Coffee Board.

8mB. fJ MM CfAZ&fTti OF INDIA EXTRAORDINARY 1^55 ;

FORM F [St* Rule 46 (1) (il)] Crop Estimate (To be returned by 1 st October in the case of Madurai, lirunolvali and Travancorc and by ist November by all others.)

Name of Estate and Elevation Registration No. District Name of owner and Manager (if any with Postal Address) Estimated Crop In bushels, candies or .tons as convenient) (If candy, state number 0/ lbs. per candy) <a) Arabica <fc) Robusta

(a) Arabica

(it) Robusta

(a) Domestic consumption-Bushcls/Cwis My family consists of members (£) Seed purposes Bushels/Cwts.

Place Date Signature.

FORM G [Set rule 46 (1) (Hi)] Please state the period for which the Return is made (i.e., 1-8-195 to COFFEE BOARD Monthly crop return Monthly Crop Return to be furnished by a Registered Owner under Section 23 of the Coffee Market Expansion Act, on the ist of every month.

N.B.—(1) The first return of the year(August to July) shall be furnished on the ist day of Novem ber in respect of estates in the Madural and Tirunolveli Districts of the State of Madras and on the 1st of January in respect of others.

(2) The returns of the year shall continue to be furnished until the entire crop has been picked and the Gleanings collected, the last return of the year •Final'.

(3) Each return shall relate to the period from the ist of August to the ' due date of submission; i.e., total crop to date.

(4) FRUIT means what is picked for pulping; CHERRY means thr in its natural state.

^ 5 6 THE GAZETTE Of INDIA EXTRAORDINARY [PARI II Name of Estate Registration No. District Name of Owner and Manager (if anyi) with Postal Address ,_ Name of Curer Crop picked and collected Crop despatched Crop delivered to to date to Pool Agent Collecting Agent or Pool Depot.

(a) (b) (e) ARABICA i Fruit 2 Cherry 3 Gleanings Total Arabica ROBUSTA i Fruit 2 Cherry 3 Gleanings Total Robusta Crop estimates Revised up to date Arabics tons/ewts, Robusta tons/ewts.

(a) Figures to be shown in Cherry Boxes or any other unit together with their equivalent in Imperial Bushels or cwts. or tone as the case may be.

(b) Figures to be given in struck Imperial Bushels, if possible but if not possible in any othor unit together with their equivalents in pounds avoirdupois or Irrpeiial EuEhels.

Place c-' ' ' 'J ~ Date Signature.

THE SECOND SCHEDULE [See rule 3(2)] Provisions relating to elections Constituencies. The undermentioned constituencies shall be formed and they shall be entitled to elect the number of members noted against each to the Boardr Seats Madras S^ste—Large growers' constituency 2 Mysore State—Large growers' constituency ... 2 Coorg State—Large growers' constituency ... 2 6 The large growers' constituency In a State shall consist of every large grower registered in that State as provided under section 14.

2 Voting.—The persons in whose names the estates are registered shall be the voters:

Provided where an estate is registered in me names of more than one person the registered owners shall nominate one among them to vote on their behalf;

Provided further where an estate is registered in the name of a Company, m e Company shall nominate its Chairman, Managing Director, partner or other share holders to vote on behalf of the Company.

Skc . •»] 'tS.t GAZETTfl Off INDIA EXTRAORDINARY 1657 S. Electoral Rolls.—The Secretary shall prepare electoral rolls for each consti tuency every two years on the basis of voters therein as on the 1st August of the ^preceding year and shall cause them to be published in such manner at the office •of the Board and at such other places as the Chairman may decide.

Objections, if any, from the electors must be submitted to the Returning Officer within 10 days of the publication of the electoral roll.

If any dispute arises whether any person is entitled to be an elector in a con stituency the Secretary shall report the matter to the Chairman whose decision Uiereon shall be final.

No election to the Board conducted under these rules shall be invalid by reason of any vacancy among the number of persons entitled to vote at such election.

4. Franchise.—Every voter in each constituency shall cast one vote for each person to be elected irrespective of the area of his estate or estates.

5. Returning Officer.—The Chairman of the Board shall be the Returning •Officer for the election of representatives of coffee growers on the Board and shall, subject to the provisions of the Act and its Rules, do all things necessary for the conduct of elections.

6. Notification 0/ vacancies.—If any vacancy occurs • or is about to occur by efflux of time or by any other reason the Chairman shall issue a notification stat ing the nature of the election, the last date for presentation of nomination papers, •and the time and place for scrutiny of the nominations.

Each elector shall be at liberty to nominate a person on his electoral roll to fill t h e vacancy. Every nomination shall be made by an elector in writing and shall "be seconded In writing by another and every such nomination shall be accomrtried by the consent in writing of the nominee agreeing to serve on the Board, elected, and must reach the Returning Officer not later than the notified date which shall be not less than 10 days after the publication of the notification of the vacancies.

No.candidate for election to the Board shall stand for election at the same time l o r more than one constituency.

7. Scrutiny 0/ nomination papers.—All nomination papers shall be scrutinised toy the Returning Officer on the date and hour and at the place appointed and notified, and the names of the candidates whose nomination papers have been declared valid shall be published on the same day by affixing a copy thereof on the Notice Board at the Office of the Returning Officer.

Appeals, if any, from candidates whose nominations have not been held valid must be filed within 7 days of the declaration of valid nominations and those shall be placed before the Returning Officer whose decision shall be Anal.

8. Nominations not exceeding the vacancies, —If the number of valid nomina tions does not exceed the number of vacancies to be filled, the Returning Officer •hall declare such nominees to be elected.

9. Procedure for elections.—If the number of valid nominations exceeds the Tiumber of vacancies to be filled, the Returning Officer shall forward to each elector through the post (1) the numbered declaration paper (to declare that the voter is a member of the constituency concerned and has signed no other voting paper at that election for that constituency), (ii) a voting paper on which the names of the candidates duly nominated shall be arranged in alphabetical order Bnd which shall bear on it directions to the voter, the initials of the Returning Officer and the date of posting, (iii) a voting paper cover and an envelope addres sed to the Returning Officer and (iv) the letter of intimation stating the number of vacancies, the date and hours flxpd for the poll and the date and hour fixed for the scrutiny and counting of votes. The papers shall be forwarded to the ad dress entered against the name of the elector in the electoral roll or, if the elector has since the preparation of the roll changed his address and intimated the fact in writing to the Returning Officer not later than 14 days before the date fixed for the despatch of the voting papers, to the address so given.

(1) The date fixed for the poll shall not be less than 10 days from the date of the posting of the voting papers.

(2) The elector shall, after filling up the declaration paper and the voting paper in accordance with the directions given in the letter of intimation, en close the voting paper in the voting paper cover and stick it and enclose this 1658 THE GAZETTE OF INDIA EXTRAORDINARY [PMTE II cover and the declaration paper in the envelope addressed to the Returning Officer and send the envelope by registered post so as to reach the Returning Officer not later than the date and the latest hour fixed for the poll,.

or, at his option, either in person or by an agent, deposit the envelope addressed to the Returning Officer in the ballot box provided at the office of The Returning Officer for the purpose on the date and during the hours teed for the poll.

(3) If an elector is incapacitated from blindness or other physical cause from voting in the manner prescribed, it shall be competent for him to record his vote by the hand of any of the officers or other persons empowered to attest hia declaration; and such officer or other persons shall, on the declaration paper certify the incapacity and attest the fact of his having been requested by the elector to mark the voting paper for him and of its having been so marked b y him in the presence of the elector.

l) The following officers are empowered to attest the votes of incapacitated electors:—'

(i) Magistrates (as defined in the Code of Criminal Procedure),

(ii) District Registrars,

(iii) Sub-Registrars,

(iv) Assistant Coffee • Marketing Officers.

(5) An elector who has not received his voting and other connected papers sent by post or whose papers, before their despatch back to the Reurning Officer, have been inadvertently spoilt in such manner that they cannot be conveniently used, or who has lost his papers, may on his transmitting to the Returning Officer a declaration to that effect signed by himself require the Returning Officer to send him new papers in place of those not received, spoilt or loot;

and, if the papers have been spoilt the spoilt papers shall be returned to the Returning officer who shall cancel them on receipt. In every case when new papers are issued, a mark shall be placed against the number of the elector's name in the register (electorol roll) to denote that new papers have been Issued in place of those not received, spoilt or lost.

(6) The Returning Officer shall deposit all the covers containing declaration and voting papers received by him in a safe in his office until the t ime teed for the scrutiny and counting of the votes.

(7) The Returning Officer shall appoint two officers of the Board to act wi th him in the scrutiny and counting of the votes. Any candidate or his duly a p pointed agent may be present at the time of such scrutiny and counting of votes.

(8) On the day and at the hour appointed for the scrutiny and counting of votes the envelopes received from the electors except those which have not either been sent by registered post so as to reach the Returning Officer not later than the day and the latest hour fixed for the poll or deposited in the ballot box provided for the purpose on the day and during the hours fixed for the poll, shall be arranged and counted. They shall then be opened and the declaration papers and the voting paper covers examined. The voting paper covers other than those re jected hereunder shall next be opened and the voting papers taken out and mixed together. The voting papers shall then be scrutinised and the valid votes counted.

(9) A voting paper cover shall be rejected if—

(i) the envelope contains no declaration paper outside the voting paper cover, or

(ii) the declaration paper is not the one sent by the Returning Officer, or

(iii) the declaration or attestation is not in accordance with the rules, o r

(iv) the voting paper is placed outside the voting paper cover, or

(v) more than one declaration paper or cover containing voting paper have been enclosed in one and the same envelopt.

In the case of rejection, the word 'rejected' shall be endorsed on the voting paper cover or the declaration paper as the case may be.

(10) A voting paper shall be invalid if—

(i) it does not bear the Returning Officer's initials, or

(ii) more votes than the number of persons to be ejected are recorded on it, Sec. 3] THE GAZETTE OF INDIA EXTRAORDINARY 1659.

(iii) no vote is recorded thereon, or

(iv) a voter signs his name or writes any word or makes any mark on IV by which it becomes recognisable, or

(v) It is void for uncertainty.

On every paper so rejected, the Returning Officer shall endorse the word 'in valid' and such papers shall be kept in a separate parcel.

10. Number of votes to be recorded.—Only one vote shall be recorded for any one candidate.

11. Decision regarding validity.—The decision of the Returning Officer shall be final as to the validity of any votes recorded.

12. Declaration of results.—After the scrutiny is completed and the votes havebeen counted a statement shall be prepared showing—

(a) the names of the candidates for whom valid votes have been given;

(b) the total number of votes given;

(d) the name of the candidate elected.

(2) Candidates who have received largest number of votes shall be deemed!

to be elected up to the number of vacancies available provided that in tneeven of two or more candidates obtaining equal number of votes the final election.

shall be made by drawing lots in such manner as the Returning Officer may determine.

(3) The Returning Officer shall communicate the name of the candidate declar ed elected along with the above statement to the Central Government. The re sults of all elections shall be published in the Gazette of India and shall have effect from the date fixed in such notification.

13. Preservation of voting papers.—The voting papers, together with the dec laration papers, if any, of all elections shall be preserved in the Board's office for 6 months after the results are duly notified.

DECLARATION PAPER Serial No Elector's Name and the number in the Electoral roll Elector's declaration 1 (name in full and designation) yf , . . .

declare that I am an elector for the election of member (s) by t l w ^ n a m e of th»- constituency) to the Coffee Board and have signed/no other voting.

paper at this election.

Date Station Singnature Address * Face of voting paper cover Voting Paper I«6o THE GAZETTE OF INDIA EXTRAORDINARY [ P A H I II Face of Envelope By Registered Post .Election to the Coffee Board by To The Returning Officer.

(Address) Voting Paper Election .Face of Voting Paper Names of candidates Mai* showing the voter's choice ^Please see instructions on the back) (Back of Voting paper)

(1) The number of vacancies to be filled is two.

(2) Place a cross mark thus X against the name(s) of the candidate (s) for whom you wish to vote.

(3) A voting paper will be invalid if—

(a) it does not bear the Returning Officer's initials, or

(b) more than the number of persons to be elected are recorded on it, or

(d) a voter signs his name or writes any word or makes any mark on it, by which it become recognisable, or

(e) it 1B void for uncertainty.

Letter of Intimation Sir ,

1. The person(s) whose name(s) are printed on the voting paper sent here with have been nominated as candidates for election to the Coffee Board. Should ;you desire to vote at this election, I have to request that you will—

(a) fill up and sign the declaration paper;

.(b) mark your vote, in the column provided for the purpose in the voting paper, as directed on the voting paper;

(d) put the smaller cover and the declaration paper in the envelope ad dressed to me and return the same to me either by registered post, so as to reach me not later than P.M. on the day of 19 or deposit, or cause to be desposited, the envelop addressed to me in the ballot box provided for the purpose .between A.M. and P.M. and on the same day.

2, Voting^papers will be rejected—

(a) if thevenvelope enclosing the voting paper cover and the declaration paperMs not either (1) sent by registered post and received not later than theshour fixed for the closing of the poll, or (ii) deposited in the ballot bosKnn the date and between the hours fixed;

(b) if the outer envelope contains no declaration paper outside the smaller cover;

(d) if more than or*a declaration paper or cover containing voting paper have been enclosed in one and th* same envelope;

(e) if the declaration or attestation is not in order;

(f) if the declaration paper is not the one sent by the Returning Officer to the voter; and

(g) if the voting paper is Invalid.

SEC. 3] THE GAZETTE OF INDIA EXTRAORDINARY 1661

3. A voting paper will be invalid if— fa) it does not bear the Returning Officer's Intials; or

(b) a voter signs his name or writes any word or makes any mark by which it becomes recogniseable; or

(d) more votes than the number of persons to be elected are recorded on It;

(e) it is void for uncertainty.

4. Declaration papers need not be attested, but In case of a voter who is in capacitated from blindness or other physical cause from voting In the manner prescribed, it shall be competent for him to record his vote by the hand of any of the following persons;

Magistrates (as denned In the Code of Criminal Procedure); District Regis trars; Sub-Registrars and Assistant Coffee Marketing Officers.

5. Such persons shall, on the declaration paper, certify the Incapacity and attest the fact of his having been requested by the voter to mark the voting paper for him and of its having been so marked by him In the presence of the voter.

8. If a voter Inadvertently spoils a voting paper, he can return it to the Return ing Officer who will, if satisfied of such inadvertence, issue to him another paper.

The scrutiny and counting of votes will begin on Returning Officer.

Station Dated [No. 15(1) Plant/36.]

S.R.O. 1667.—In pursuance of sub-section (2) (1) of section 4 of the Coffe« Act, 1942 (VII of 1942), and in supersession of this Ministry's notification No. 13(8) Plant/54, dated the 22nd February, 1955, the Central Government hereby appoint* Sri K. Srinivasan, I.A.S., formerly Chief Coffee Marketing Officer, Indian Coffee Board, as Chairman of the Coffee Board, Bangalore with effect from the forenoon of 1st August, 1955.

[No. 13(8) Flant/55.]

S.R.O. 1668.—In exercise of the powers conferred b,y section II of the Coffee Market Expansion Act, 1942 (VII of 1942), as amended by the Coffee Market Ex pansion Act, 1954 (50 of 1954), read with section 22 of the General Clauses Act, 1897 (X of 1897), the Central Government hereby fixes, with effect from the 1st day of August, 1955, two rupees and eight annas per hundred weight as the rate of duty of customs on coffee under the said section 11.

[Wo. 15(4)Plant/58-A.]

S.R.O. 1669.—In exercise of the powers conferred by section 12 of the Coffee Market Expansion Act, 1942 (VII of 1942), as amended by the Coffee Market Expansion Act, 1954 (50 of 1954), read with section 22 of the General Clauses Act.

1897 (X of 1897), the Central Government hereby fixes, with effect from the 1st day of August, 1955, two rupees and eight annas per hundred-weight as the rate of the duty of excise on coffee under the said section 12.

[No. 18(4)Plant/55-B.]

P. C. ALEXANDER, Dy. Secy.

PRINTED IN INDIA BY THE MANAGER, O.OVT. OF INDIA PRE88, NEW DELHI AND PUBLISHED BY THE MANAGER OF FUBLICATIONB, D E L S , 1186

The Rubber Rules,1955

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