(1) The Board may and if so, directed by the Central Government shall, purchase Virginia tobacco from the growers of such tobacco in India when the Board or as the case may be the Central Government is satisfied that such a step is necessary or expedient to protect the interests of the growers.
(2) The tobacco so purchased by the Board shall be disposed of by it in India or abroad as and when considered appropriate and in such manner as the Board may think fit or as may be directed by the Central Government.
(3) The Board shall make maximum possible utilization of the agency of the State Trading Corporation of India Ltd., in exporting the Virginia tobacco purchased by the Board.
(4) The Board shall keep the Central Government fully informed of the tobacco purchase operations that may be undertaken by it and shall comply with such instructions, guidelines or restrictions etc., that may be issued or imposed by the Central Government in regard to such purchases and also the sales, including exports, to be made out of the stocks so purchased by the Board.
(5) The prices at which Virginia tobacco shall be purchased or sold by the Board shall be such as considered appropriate by it subject to such guidelines if any which the Central Government may lay down specifically for the purpose from time to time through directions to the Board.
CHAPTER - VII REGISTRATION OF GROWERS, CURERS, EXPORTERS PACKERS AND AUCTIONEERS AND DEALERS OF TOBACCO * 33. Registration of growers of Virginia tobacco :-
(1) Every person intending to grow Virginia tobacco shall apply to the Secretary or such other officer of the Board as may be authorized by the Chairman in this behalf for a certificate of registration or for renewal of certificate of registration, five months before the commencement of operations for growing Virginia tobacco in any State in any year, but not later than –
(a) the 31st January in the case of growers of Virginia tobacco in the States of Karnataka, Orissa** and Tamil Nadu.**
(b) the 31st March in the case of growers of Virginia tobacco in the states of Gujarat and Uttar Pradesh; and
(c) the 31st May in the case of growers of Virginia tobacco in the States of Andhra Pradesh, Maharashtra and West Bengal.
(2) The Board may, taking into consideration the conditions of marketing, past year s production, expected production of Virginia tobacco in the ensuing year and other related factors, extend the last date for receiving applications for certificate of registration or for renewal of certificate of registration under sub-rule (1), from time to time, in all the states or in any State or States.
(3) Every application for certificate of registration and renewal of such certificate shall be in Form 1 and shall contain the particulars specified therein.
* Rules 33 to 40 were amended vide Tobacco Board (Amendment) Rules 1988 published in the Gazette of India (Extraordinary) Part II, Section 3(i), Dt.16-5-1988 and came into force with effect from 16-5-1988.
* The word “Orissa” inserted vide Notification, F.No.8/11, 189-EP(Agm VI) published vide Gazette of India (Extra-ordinary) Part II, Sec. 3(i), Dt.
22-12-89 and came into force w.e.f.22-12-89.
(4) Every application for certificate of registration and renewal of such certificate shall be accompanied by a fee of rupee one for every 0.4 hectare of the land of part thereof in relation to which such application is made.
(5) Every certificate of registration granted under section 10 shall be in Form 2 and shall be valid for a period of one year specified in such certificate.
(6) The renewal of certificate of registration shall be for a period of one year, at a time, endorsed on such certificate.
(7) Every certificate of registration or renewal of registration shall be valid only for the year for which it was granted.
33-A. Procedure and principles for grant of registration or renewal of registration as grower of Virginia tobacco :
(1) The Board shall, in each year, lay down the policy with a view to regulating the production and curing a Virginia tobacco having regard to the factors specified in clause (a) of sub-section (2) of section 8 and such policy shall be published in all or any of the following manners, namely, in the form of book or pamphlet or by notification in widely circulated news papers.
(2) The Board shall constitute a Committee (herein after in this rule and rule 33B referred to as the Committee) consisting of five members of the Board to lay down criteria for registration or renewal of registration as grower of Virginia tobacco.
(3) While laying down the criteria the Committee shall have regard to.
(a) the production policy laid down by the Board under sub-rule (1);
(b) the previous experience of the applicant in growing Virginia tobacco;
(c) the facilities the applicant possesses for cultivating and flue curing of tobacco;
(d) improved cultural practices being followed by the grower;
(e) whether the grower is also a nursery grower;
(f) the conduct of the grower in complying with the provisions of the Act and the rules and regulations made thereunder and the terms and conditions of certificate of registration or licence, directions issued and stipulations laid down by the Board; and
(g) such other related factors as the Committee may consider necessary.
(4) On receipt of applications for registration or renewal of registration as grower, the Secretary or other officer authorized under sub rule
(1) of rule 33 shall scrutinize the applications and may make such inquiry as he deems fit and if after such enquiry he is satisfied that the applicants satisfy the criteria laid down by the Committee, constituted under sub-rule (2), he shall grant registration, or renewal of registration, as the case may be.
(5) For the purpose of any enquiry under sub-rule (4) the Secretary or other officer referred to in the said-rule may call for such further information as he deems fit from any applicant and the applicant shall furnish such further information within the period specified by the Secretary or other officer, and, if the information so called for is not furnished, the Secretary or other officer shall place the application along with other particulars before the Committee for consideration.
(6) If for any reason the Secretary or other officer considers that registration or renewal of registration should not be granted to an applicant, the matter shall be placed before the Committee which, after making such inquiry as it deems fit, may either grant or refuse such registration or renewal of registration.
(7) The decision of the Committee shall be communicated to the applicant within fifteen days from the date of such decision.
(8) Where the registration or its renewals refused by the Committee the reasons for such decision shall also be communicated to the applicant within fifteen days from the date of the decision and the fee paid by the applicant shall, subject to the orders passed on the representation, if any, made under sub-rule (9), be refunded to the applicant, after deducting there from the cost, if any, of remitting such amount to the applicant as soon as may be after thrity days of the date of decision, but not later than fifteen days after the limitation for making the said representation expires or, as the case may be, the Board passes the order on the representation.
(9) Any person, whose application for registration or its renewal as grower has been refused by the Committee may represent to the Board for revision of the decision of the Committee within thirty days of the communication of the decision to such person and the Board shall, after giving the person concerned a reasonable opportunity to explain, pass such orders thereon as it deems fit.
33-B. Procedure and principles for cancellation of certificate of registration or renewal of certificate of registration :-
(1) The certificate of registration or its renewal granted to a grower of Virginia tobacco may be cancelled by the Committee, if it is satisfied that –
(a) the certificate of registration or its renewal was obtained by furnishing incorrect information; or
(b) the grower concerned has contravened any of the provisions of the Act or of these rules or any regulations or stipulations of the Board as far as they are applicable to him or any condition subject to which the certificate of registration or its renewal was granted.
(2) No certificate of registration or its renewal shall be cancelled under these rules unless the grower concerned has been given a reasonable opportunity to explain.
(3) Where a certificate of registration or its renewal is cancelled, the decision of the Committee together with the reasons therefor shall be communicated by the Secretary, as soon as may be, after the decision is taken, to the person concerned and the cancellation shall be effectively only from the date of such communication.
(4) Any person, whose certificate of registration or its renewal is cancelled by the Committee, may represent to the Board for revision of the decision of the Committee within thirty days of the communication of the decision to such person and the Board shall, after giving the person concerned a reasonable opportunity to explain, pass such orders as it deems fit.
(5) Cancellation of registration or its renewal under this rule shall be without prejudice to any other action that may be taken under the provisions of the Act or these rules including prosecution.
33-C. Registration of nursery grower :
(1) Every nursery grower shall apply to the Secretary or such other officer of the Board as may be authorized by the Chairman in this behalf for registration as nursery grower, three months before the commencement of operations in any State in any year, but not later than –
(a) the 31st January in the case of Karnataka, Orissa* and Tamil Nadu.
(b) the 31st March in the case of nursery growers in the States of Gujarat and Uttar Pradesh and
(c) the 31st May in the case of nursery growers in the States of Andhra Pradesh, Maharashtra and West Bengal.
* The word “Orissa” inserted wide Notification F.No.8/11/89- E.P.(Ari-VI) published wide Gazette of India (Extra-ordinary) Part- II, Sec.3(i) Dt.21.12.89 and came into force w.e.f. 22-12-89.
(2) The registration as a nursery grower has to be renewed every year and unless so renewed, shall cease to have effect on the expiry of the year for which it is granted. The application or such renewal shall be made in the same manner as provided under sub-rule (1).
(3) The Board may, taking into consideration the weather conditions and other related factors, extend the date of receiving applications for registration as nursery growers or for renewal of such registration from time to time in all the states or in any State or States.
(4) Every application for registration or renewal of registration as nursery grower shall be Form 3 and shall contain the particulars specified therein.
(5) Every application for registration or renewal of registration as nursery grower shall be accompanied by a fee of rupee fifty for every 01. hectare or part thereof.
(6) Every person registered with the Board as a nursery grower shall be given a certificate of registration in Form 4 which may be issued subject to such conditions as may be imposed by the Board from time to time.
33-D. Procedure and principles for grant of registration or renewal of registration as nursery grower :-
(1) The Board shall constitute a Committee (hereinafter in this rule and rule 38F referred to as the Committee) consisting of five members of the Board to lay down criteria for registration or renewal of registration as nursery growers of Virginia tobacco.
(2) While laying down the criteria and Committee may have regard to–
(a) the expected demand for Virginia tobacco seedlings during the ensuing year;
(b) the variety of seeds which may be considered suitable;
(c) the suitability of the soil and site for raising nursery;
(d) the availability of assured water supply;
(e) the previous experience of the applicant in raising tobacco nursery;
(f) the conduct of the applicant in complying with the provision of the Act, these rules and regulations, conditions and stipulations of the Board; and
(g) such other necessary conditions as it may deem fit.
(3) On receipt of applications for registration or renewal of registration as nursery grower, the Secretary or other officer authorized under sub-rule (1) of rule 3C shall scrutinize the applications and may make such inquiry as he deems fit and if, after such enquiry, he is satisfied that the applicants satisfy the criteria laid down by the committee, he shall grant registration or renewal of registration, as the case may be.
(4) For the purpose of any inquiry under sub-rule (3), the Secretary or other officer referred to in the said-rule may call for such further information as he deems fit from any applicant and the applicant shall furnish such further information so called for within the period specified by the Secretary or other officer, and if the information so called for is not furnished, the Secretary or other officer shall place the application along with other particulars before the Committee for consideration.
(5) If for any reason the Secretary or other officer considers that registration or renewal of registration should not be granted to an applicant the matter shall be placed before the Committee which, after making such inquiry as it deems fit, may either grant or refuse such registrations or renewal of registration.
(6) The decision of the Committee shall be communicated to the applicant within fifteen days from the date of the decision.
(7) Where the registration or its renewal is refused by the Committee, the reasons for such decision shall also be communicated to the applicant along with the decision within fifteen days from the date of the decision and the fee paid by applicant shall, subject to the orders passed on the representation, if any, made under subrule
(8), be refunded to the applicant after deducting there from the cost, if any, of remitting such amount to the applicant as soon as may be after thirty days of the decision but not later than fifteen days after the limitation for making the said representation expires on, as the case may be, the Board passes the order on the representation.
(8) Any person, whose application for registration or its renewal as nursery grower has been refused by the Committee may represent to the Board for revision of the decision of the Committee within thirty days of the communication of the decision to such person and the Board shall, after giving the person concerned a reasonable opportunity to explain, pass such orders thereon as it deems fit.
33-E. Registers to be maintained and returns to be submitted by nursery grower :-
(1) Every nursery grower shall maintain Registers in Form 5 and 6 and shall produce them for inspection of any officer of the Board.
(2) Every nursery grower shall submit to the Secretary or any other officer of the Board authorized by the Chairman, returns in Forms 7 and 8 at the time specified therein.
33-F. Procedure and principles for cancellation of registration or renewal of registration as nursery grower :-
(1) Every registration or its renewal granted to a nursery grower may be cancelled by the Committee if it is satisfied that –
(a) such registration or its renewal was obtained by furnishing incorrect information; or
(b) the nursery grower concerned has contravened any of the provisions of the Act or of these rules or any regulations made thereunder or any conditions subject to which registration or its renewal was granted.
(2) No registration or its renewal shall be cancelled under these rules unless the person concerned has been given a reasonable opportunity to explain.
(3) Where a registration or its renewal is cancelled, the decision of the Committee together with reasons therefor shall be communicated by the Secretary, as soon as may be after the decision is taken, to the person concerned and the cancellation shall be effective only from the date of such communication.
(4) Any person, whose registration or its renewal is cancelled by the Committee, may represent to the Board for the revision of the decision of the committee within thirty days of the communication of the decision to such person and the Board shall, after giving the person concerned a reasonable opportunity to explain, pass such orders on the representation as it deems fit.
(5) Cancellation of registration or its renewal under this rule shall be without prejudice to any other action that may be taken under the provision of the Act or these rules including prosecution.