Tea-Board (Write Off Losses) Rules… 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.

Type	Order
Year	1953
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

tftK# .̂Tft.TfrT.-33004/96 ^^S&rfX REGD. NO. D.L.-33Q04/96 9fKrf Ji 4MM4 (Hie (Baxette of <3ndia EXTRAORDINARY i& •'-'- ̂ Hff/S, V j ^ "S<V

PART H—Section 3—Sub-ration (0 PUBLISHED BY AUTHORITY H, 256 ] ^ f t fWfr , ÎTCTT, 3PWT 14, 1996/WWOT 23, 1918 No. 256] NEW PELHL WEDNESDAY, AUGUST 14,1996/SRAVANA 23,1918 *nf ftwft, 14 «rror, 1996 W."?l»r.t*T. 364 (3T).— "3Wft>"5rWT "PflW, 1M? %IifK^rWR'«n'T«TWWT, 1953 (1953 *FT 29 ) ^ t *IKT 49 ^ t "3TMRT ( 2 ) % TJT^(^)%T^" 'Tf^«ntr49^'3 'TOKr( i )^3rWTlf t^^ W^frf, ^ MWHTOTC, "Hf̂ iw) HWN ^ftfttfit i 29 W*R, 1995 ^ft an(V'^^i **• ^T.^"PT- 765 (ar) ^>3?^pfff «tRtr%) Tn»RT'̂ VTsiftnT'fa>n'TTO[ «t, fW¥v^'5' tnftHnfft aftr >n«iftt "5w TĴ PTT 6 [fyfa<, 1995 ̂ ft TUTT ̂ «MSW VCWI TTO;

afa; Ji i fa »̂-?0*i uivrc ^ft "ami $ ^ JRnftrar sTwg^T f re r *nff£H;

•3TT, 3PT: TOT 3ffafWT ^ft «nTf 4 9 ^ 3tTORI (2) ifa"3P>V ("T) % "HW^f^T <N*IHI ( i ) 5TCT ŜTT "flflwff VJ T îtT W&I ^ ^' jO^ *K*k T^l^KI fiwftlflsifl f%W qilrfl "fr, 3T«rfHT-

1. 4lR(im HIH 3ftTT(rbT

(1) ^T f*PT»ff ^n •tfftrfl 'TPT ̂ f̂R? (TFTPT srrftiftsrcr *fiw) fprr, 1996 % i

(2) ^ 3R^ H«hl!(M iD flrfhjT l i t TPJTTTtf*t I

(v) tt<nMH*w"i(i*pftyWwH, 1953 ajfaiitar•;

(Tar) 447?rwr 3rf*r^rft" "^ '»frrf"'̂ sTT̂ srr «rf^rr<T 3Tf*rtrr ^ (T) ' ' ^ M ^g r f ^ r ^^<TO4%^« f lM ' l f t n^W^aTf^ r f f t ;

1984 GI/96 (1) 2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] O )̂ "faiii" it zmrtt 1 *H$T?T'iifrTirc*ftffttiF?iT3myipir*f) 31 "»*r«f •̂ TPTPtfTJft̂ rcnMsrfaiftTf ;

fawiR"»iWamf¥fa"^ft^f ^^T^f WTift'̂ ftrtR{"eii4l>JiH%"ft̂ :?Hf*nr'̂ 3Tft';irff arPiĝ fahr, nvfHfl, <mw>i <rrthu, <JM«H, ftw?nwVt'5i^>ftr^>rafjiMlwiT3R>,fty(^ftin't ftfj f^f Pt>*ft uwwrcw î'qftii'Wi* uwvii ^< PwAthifti* HRWI ( 1 ) ^ W T ^ l I R T ' ^ ' S ^ P r f ^ «?mff 3 0 0 ' * ^ $ 3 T f ^ f t R f t ^ * n ^ ^ # ^ MQtlld ERf f*TO^ T̂OST "TOT TPTPir %, " J ^ %H 3flV;i4) f̂lVTOR CRT "$*ft U7f*f ^T ""jRi ^R faj TT^ '•IT *ft W\& "B«* •«nfr nn^ "5H% qft ^ w f r UPT^T ̂ arf*w ^ f $ Tft »)Pfl^ V<T TT 'TOUT P T K H ifRTT I

(2) 3 0 O ^ q ^ l T ^ ^ 3 r f ^ ^ ' i ^ - H ^ , ! n f ^ ^ « R W W ^ W l 2 3 f a 3 ^ (1) %3T#T ajfamwi^*nff f*PT5rmsm; ^ift^Ri, yfaft/*M ĴtTrejnqft̂ srrcpfti

5. ftlPl *l IMI MUHI ^ W W T O $T*r a m aioqqlfcfl ^tTO «flW*HI W 3TO5T ttfle R̂»TT I "TWT tilftPlfV'KI ̂ RHT afc ^ ?lPl^r%H"5WVT^'5TTOI'ft*1<nW/8MPw<if'^ ^"3Tltrffa1*RTT3m3maT«fawaTf*WBrfT

(3) ^r^-sqPfW (1) am (2) ^- •Mft f tRi^M'^^^ri^m^ ftiti "F̂ t "ĝ w ̂ ?f f̂t w »̂ft 1 w 1tni ?̂f win •»¥ TW^ ^H flu •ftnpir TPPT T̂ frir ̂ ffHi'̂ "3P?RT'̂ N f̂'̂ PwTifr'fti W ^ 1 ^

(ii) 'CT^^ag^^TrqWT^f^T^TnfW^^'Bf^^^

(iii) njvimi ifttfi uif^*ifl^ft^^^^"^ir»fty»^6 0Mf*W',ff̂ 13ftRTift'9rî r'if ^(wm wft ^iftui «m.*i««<JHd$Ki [TPTII—T9T 3(i)] <TOf^TTF»m: WflWT 3 ( 1 ) FT ftl^ 5Ptr5%"5TO¥(2) %> 3f;J*m "3^1 "31fli* ( 2 ) 3 dftwRafl Hlfa«bl(WT BRIft<fr£ OTfl VT ftl^ "311% ""TC, F f a %%^ •g^^TOISfr^TRJpT ft)*H JirH'll l1cR^'^'f%"^lJ*IT'^J?ft'*ITlVWT' *¥ q^ufl Pft^W^^iT ftjftlfH 1JIfrr: 3TWW15T ft.^«Ulf*J*K ^tnii (3 ) "atrirwfttitiww%^^n%%"?ft?rMWW wfaq,TFTPT%faufV^kH^*NIO"ft, •aii^i 4iRfl%n^irt%2i ftrr%*()<u*)«)iR*ifti) 'S^m^«lrft^*Jp!T"W¥%"3'refe ( i ) %"3TWqf % SfJHR ^ff$ ^ i+fl«h ^ft tflHtl vT" TOJJ»fr VI 3TT̂ ?I v V l ! I

7. «1<i W ^ 41^1 Jll^ BHt-fl JlPl^JTW»IT TTtt^T "BTS 5 % 3TtfTT W WTtf *T$ Tift T̂ f*PT "$*ft TElPPTf "^ <»#«! "flfa 6 "<T" wftwfafl "SfilTO VI TTTCTC VTT % W3R aroqjsFfcr "?T , w t , T^,OT^^w?iT;»im,iii',iT;5'i>?"PFil,tll *ift*if 3T^W, vrc , ^itfl, ^jw'fr^Hiqtii'fl %«f>n,ui T ^ i i t i ( l ) ^ t*Ppff Sflfa WI«IK"I f*nD^f*FPTTf«rTh'dl*< ¥lftfl4f%M<HI<Jl<<Vlfo*?IT, 1978 %"3TO*iT%3T*M*{l*l "OKI y j , GlPl«ff'Bt^£'Snft (2 ) *Y£,w»w^^f*r^3n^^rovTPiJ<Hy%3Rr if'[r3n^«(i^ HwwT'^'flT'nT^f^Fftftw^aniftw'^iftipif^, qtnft«ift,^iftfir ""IT 3TWTOT IF 'Hf^ VT TUflW vVlT :

(3 ) 3 K ^ ^ ^ " W ¥ t e 7 r t o ^ v T 3 P ^ , W * ^ , ^ ^ * T ^ ( v ) TTPT ftreft T^T 'PniH IT JIRUII ~% ftm*ir 74<fr**»T %%n 8f)rfl«i T R V R v i <w<<*i •sH f̂tm ijtijft s v z ^iffvrctft% 1 ("sr) MHIIO TO vt^ "^ft "»WH "̂ ^wr"̂ ff v*r I T | 1^RT% % H wffT a<jwMPi<h Hiftr>biO w i *igfiwPi* vrt«n^ f̂t '«n^ i 3T»fl*i*«i mf%niiO?Ri yift*iHT?r^'Mi^H^TR'ifR^t^;ffvT''8ii^'fii ^f^i^UK'WtnT'ftTOTrvswfrPr^ <*«*i arflroH, tf*i%i snnn'^t'TO^r'BTf TI apiflT witai TJ ti*'!! 1

11. Ml4l RlPl * l P<4I<U| ^wBtr , •sr^rftTft i^%^^'Qrrir 'Bref tT| inPpifv ftanft'ft'iri^SOT•WWJRafrviT^W^frTT^PT"tiftnT,t^ra^frfTv %^ft^r «iRt*i(l VT «iî <n •sH f̂tw'i'̂ fr'9'̂ f "TO ft^iiiw* wi*ni % ftrn i $ HiRnvifl v^Tnvrfi^f wrtt ^iiftui 4 W.

tf.

TrPr^fr jjyRi 2 i«l«b »R $, »l«iqj!frl TnPnrf W R p f t f TFT *TT 3Tftl*T w * ; ^ iff srjwnT »ft(Vn ftwwrr 3 R «J*ftr TJlPmi IHiiGAZETlliOi- Hiftwrfl 3 * * ^mflnu INDIA :E} 3<l*j41 (<w*iro>Tti, twtti « W H wmn, h*)*t >3f*rfii, ?PT W T T O 3T«W Trrrwraj «faq ^trf WW1CPJI «Pfftl) (wrataKl, l*rara *TWT wrro, TWTO ^f*iRi) •STT^TO "•it^ 3T*W CIRAORDI] 5,000 7.

2,500 7 1,000 7.

5007.

200 7.

5,0007.

2,500 7.

1,000 7.

500 7.

200 7.

*ARY [PART JJ—SEC. 3(i)] tr'frtT ^ t j r "farer TPP JK«I v ^ w $ 3 TfrPr n^fe ^IT^TT W^'f) 1 4 - ^ @ * > J " N @ > _ y (^T^f)"3it *fr wtf i j t , ^ r h^ij+JK f*rw ̂ Ti $ i 18 3T.̂ I. («fR."H.A) 1,50.000 8 T^TTO' 1,000 7.* @ "̂ FT •SjfWwH, 1954 % fa*TT 36 ^ ^rjWT I * ^TT ~^i dlfaPn, 1955 1»t 3q1Mty 52 % ^ H K I [TIT. tf. A-11011/1/90-We(H)] MINISTRY OF COMMERCE NOTIFICATION New Delhi, the 14th August, 1996 G.S.R. 364(E).—Whereas a draft rules which the Central Government proposes to make in exercise of the powers con ferred by sub-section (1) of section 49 read with clause (ja) of sub-section (2) of Section 49 of the Tea Act, 1953 (29 of 1953) was published in the Gazette of India in the notification of the Government of India, in the Ministry of Commerce vide G. S.R.

765(E) dated 29th November 1995, inviting objections or suggestions from all persons likely to be affected thereby, within a period of forty-five days from the date on which the Official Gazette in which the said notification was published were made available to the public;

And whereas the said Gazette was made available to the public on the 6th December, 1995;

And whereas no objections or suggestions were received from the public by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with clause (ja) of sub-section (2) of section 49, of the said Act, the Central Government hereby makes the following rules, namely:— [«IFT n—wnr 3(i)] HTWwn*m:3raTWT 5

1. Short Title and Commencement

(1) These rules may be called the TeaBoard (Write Off Losses) Rules, 1996.

(2) They shall come into force on the date of their publication.

2. Definition: In these Rules, unless the context otherwise requires:—

(a) "Act" means the Tea Act, 1953;

(b) "Accounts Officer" means the Accounts Officer of the Board;

(d) "Chairman" means Chairman of the Tea Board and includes any person exercising for the time being the powers of the Chairman;

(e) "Chief Regional Executive" means the Chief Regional Executives of the Board;

(f) "Committee" means any committee constituted by the Board under Section 8 of the Act;

(g) "Competent Disciplinary Authority" means the Central Government, the Board, Chairman, Deputy Chairman as the case may be;

(h) "Deputy Chairman" means the Deputy Chairman of the Board;

(i) "F.A. & C.A.O." means the Financial Adviser and Chief Accounts Officer of the Board;

(j) "Financial Year" means the year beginning on 1st of April and ending on the 31st March following;

(k) "Money" means money received by the Board under Chapter V of the Act;

(1) "Official" means officers and employees of the Board including officials on deputation to Board;

(m) "Schedule" means Schedule attached to these Rules;

(n) "Secretary" means Secretary of the Board;

(0) "Stores" means all articles and materials purchased or otherwise acquired for the use of Tea Board, including not only expendable and issuable articles in use or accumulated for specific purpose but also articles of dead stock of the nature of plant, machinery, instrument, furniture, equipment, fixtures but excluding books, publications and periodicals in a library.

3. Removal of Doubt*: Where a doubt arises as to the interpretation of any of the provisions of this rule, the matter shall be referred to the Central Government for decisioa

4. Defalcation and Losses

(1) Any loss exceeding Rs. 300/- of shortage of money, stores or other properties held by or on behalf of Tea Board, caused by defalcation or otherwise including losses and shortage noticed as a result of physical verification which is discovered by any branch of the Board including Regional, Zonal and Sub-Regional Offices, shall be immediately re ported by the official concerned who has detected the loss to the next higher authority as well as to the Accounts Officer and F.A. & C.A.O. even when such loss has been made good by the party responsible for it and thereafter submitted to the Chairman who will deal with them finally if the losses involved does not exceed amount which he is competent to write off the loss.

(2) Reports of the Chairman in respect of all losses exceeding Rs. 300/- each and reports received by him which he cannot dispose of finally under sub-rule (1) shall be submitted to the Committee/Board as the case may be.

5. Detection of losses

(1) Losses arising out of mistake, negligence, fraud, theft and cardessness to the rjioperty arid money ofthe Board as soon as may be detected by an official of the Board shall forthwith be reported by trie said officnU to luVher immediate superior officer;

(2) On receipt of report as per Sub-Clause <1) above by a superior officer, the said superior officer shall ascertain the quantum of loss in terms of money and book-value and also indicate the person/persons primarily responsible for such loss and on completion of such preliminary investigation shall within 21 days from the date of receipt of the report from his subordinate officers), submit a detailed report to the F.A. & C. A.O. and Secretary and/or Chief Regional Executives as the case may be.

(3) In addition to taking action as prescribed in sub-rules (1) and (2) above, the authorities mentioned above shall follow the provisions indicated below in cases involving material loss or destruction of Board's property as a result of fire, theft, etc 0 6 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)J

(i) When material losses due to suspected theft, fraud, fire etc. occur in any office/installation, such cases should invariably be reported to the police for investigation. The Board should exercise its discretion in determining at what stage reports should be sent to the police keeping in view the fact that the police investigation will be increasingly handicapped with lapse of time.

(ii) For the purpose of the above instruction all losses excepting the losses due to the suspected sabotage, of the assessed value of Rs. 10,000 and more shall be regarded as 'material'. All cases of suspected sabotage shall be reported to the police promptly irrespective of the value of the loss involved.

(iii) Once the matter is reported to the police authorities, all concerned should assist the police in their investigation. A formal investigation report should be obtained from the police authorities in all cases which are referred to them as indicated above.

6. Recovery of the losses

(1) The report as per sub-clause (2) of Clause 5 of these Rules when received by the authorities mentioned in the said sub clause (2) above shall be finally concluded by fixing responsibility against the official responsible for the loss and thereafter shall be submitted to the Chairman for a final decision in the matter.

Provided that decision for lump sum recovery or recovery by instalments shall be the exclusive discretion of the Chair man.

(2) Notwithstanding anything contained hereinbefore, Loss of Library Books and journals etc. as soon as may be detected by the Librarian shall forthwith be reported to the Secretary and F. A & C.A.O. showing name of the official to whom the book so lost was issued.

(3) Soon after the receipt of the report as above, the Secretary shall order replacement of the book or journal etc. as the case may be, from the official responsible for the loss within 21 days from the date of passing of the order.

(4) Failure to replace the book on the part of the official responsible for the loss within the stipulated period shall be reported by the Librarian indicating the estimated price of the book to F. A. & C.A.O. who thereafter shall ascertain the replacement value of the book so lost and shall order recovery of the price of the book lost from the said official as per provisions of sub-clause (1) of this clause.

7. Types of Losses to be written off Losses other than those which have been detected under Clause 5 above and have become irrecoverable in spite of observance of procedure laid down in clause 6 above, shall be written off. Provided that such losses have arisen not due to negligence, fraud, theft, mistake or carelessness.

8. Power to Write Off

(1) Subject to the provisions of these rules and the relevant provisions of the General Financial Rules and Delegation of Financial Powers Rules, 1978, Board shall in relation to write off losses have the powers specified in the Schedule.

(2) Board may by General or Special Order, confer powers not exceeding those vested in the Board, upon the Committees or Chairman or Deputy Chairman or Secretary as the case may be in respect of matter covered by these rules.

Provided that no power under these rules shall be redelegated.

(3) The powers specified in the Schedule may be exercised by the Board or Committees, or Chairman or Deputy Chair man or Secretary as the case may be provided that—

(a) the loss does not disclose a defect in any rules or procedure, the amendment of which requires the Order of the Central Government;

(b) there has not been any serious negligence on the part of any official which may call for disciplinary action by the Competent Disciplinary Authority.

9. Accidents Any serious loss of immovable property, such as building, Communications, other works caused by fire, flood, cyclone, earthquake or any other natural cause shall be reported at once by the subordinate authority concerned to Government through the usual channel.

10. Responsibility for Loss Every officer shall realize fully and clearly that he will be held personally responsible for any loss sustained by the Board through fraud or neghgence on his part and that he will also be held personally responsible for any loss arising from fraud or negligence on the part of any other officer to the extent to which it may be shown that he contributed to the losses by his own action or negligence.

[vmrn— wxs 3(0] tTOTHSTWm: dWINHul

11. Prevention of future losses

(1) A quarterly statement of write off losses for each financial year should be submitted by the Secretary to the Central Govt, and/or Board indicating the reasons for the loss and the remedial measures taken to prevent the recurrence of that type of loss.

(2) If the Central Government and/or Board finds that the loss reveals some basic defect in the rules of procedure, the amendment of which requires orders of superior authority in the Ministry of Finance, they should bring the same to the notice of such superior authority for remedial action.

SCHEDULE SI. Nature of Loss No.

Authority Monetary Limit upto which the loss may be written off in each case.

1. Irrecoverable Losses of Stores or money including Stamps and Library Books

2. Irrecoverable loans or advances Board Committees (Executive, Export Promotion Committee, Development Committee, Labour Welfare Committee) Chairman Dy. Chairman Secretary Board Committees (Executive, Export Promotion Committee, Development Committee, Labour Welfare Committee) Chairman Dy. Chairman Secretary Rs. 5,000/ Rs. 2,500/- Rs. 1,000/- Rs. 500/- Rs. 200/- Rs. 5,000/- Rs. 2,500/- Rs. 1,000/- Rs. 500/- Rs. 200/- A @ A @ J

3. Condemnation of Motor Vehicles

4. Other Monetary Losses Board (in years) whichever is reached later, have been fixed as under:

Type of Vehicle Kms. Years Chairman Motor Vehicles fitted with 1,50,000 S " less than 18 hp(RAC) Rs. 1,000/-* In case of irrecoverable rent damages (including fur niture hire charges and service charges) in respect of Board's residential accommodations.

@ As per Tea Rule 36 of Tea Rules, 1954 * As per Tea Board Bye Laws 52 of Tea Board Bye Laws, 1955.

[F. No. T-l 1011/1/90-Plant (A)] DIPAK CHATTERJEE, Addl. Secy.

Printed by the Manager, Govt, of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110034 —1996

Tea-Board (Write Off Losses) Rules, 1996

The enactment

Full text

Find the provision, not just read it