Order, 2018

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

NOTIFICATION

New Delhi, the 18th May, 2018

S.O. 2008(E).––In exercise of the power conferred by sub-sections (3) and (5) of section 30 of the Tea Act, 1953 (29 of 1953), the Central Government hereby makes the following Order further to amend the Tea Warehouses (Licensing) Order, 1989, namely:-

1. Short title and commencement.- (1) This Order may be called the Tea Warehouses (Licensing) Amendment Order, 2018.

(2) It shall come into force on the date of its publication in the Official Gazette.

2. In the Tea Warehouses (Licensing) Order, 1989, (hereinafter referred as the said order), for clause 7, the following clause shall be substituted, namely:- “7. Fee for licence.– Every application for a licence or renewal thereof shall be accompanied by a fee of Rs.14,000/- (Rupees fourteen thousand only) .”.

3. In the said order, for clause 13, the following clause shall be substituted, namely:– “13. Maintenance of accounts. – (a) The Licensing Authority may issue directions to any licensee to,–

(i) maintain such records of the volume of business carried on by the warehouse;

(ii) submit returns or statements to the Licensing Authority in Form ‘BA’ on or before the 7 th of every month;

(iii) produce, for inspection to the officer of the Tea Board as may be authorised in this behalf by the Licensing Authority, books of account and records relating to his business as may be specified therein.

(b) Any direction of the nature referred to in sub-clause (a) may be issued either generally to all licensees or to any class or category of licensee as the circumstances may require.”.

4. In the said order, for clause 15, the following clause shall be substituted, namely:– “15. Power of entry, search and seizure. – (a) The Licensing Authority or any officer of the Tea Board specially authorised by it in writing in this behalf may enter and search any warehouse for the purpose of ensuring compliance with the provisions of the Order and may seize any tea or product of tea which appears to be stored, blended or packaged in contravention of the provisions of this Order.

(b) Any officer taking action under this clause shall submit a report to the Licensing Authority within twenty four hours of taking such action.

(c) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures, shall, so far as may be, apply to every search or seizures made under this Order.

(d) Where the Licensing Authority or any officer of the Tea Board seizes any tea or product of tea under sub-clause (a) and decides to keep the same in safe custody of the owner of the warehouse, the Licensing Authority or officer, as the case may be, shall, after sealing the stock, make an order to that effect in Form ‘C’ and serve the same on the owner and the owner shall comply with that order.”.

5. In the said order, after Form ‘B’, the following Form shall be inserted, namely:- “FORM ‘BA’ (See item (ii) of sub-clause (b) of clause 13) Monthly return to be submitted by the registered warehouse owner for the period Registration number under Tea Warehouses Licensing Order:

User profile:

Name of the warehouse:

Contact details of warehouse owner (e-mail ID, mobile number, landline number):

Area of warehouse:

Total area:

Storage area:

Details of arrival and dispatches during the reporting month: Sl. No Category Opening stock Arrival during the month Dispatched during the month Closing stock *If the information regarding any column is ‘nil’, enter zero (0) against the same.

DECLARATION

I/We, hereby declare that the above stated facts are true and correct based on the available record maintained in the warehouse.

Date:

Place: Signature (Authorised Signatory) ”.

6. In the said order, in Form ‘C’, for the words, figures, brackets and letters ‘See Clause 14 (iv)’, the following words, figures, brackets and letters shall be substituted, namely:– “See sub-clause (d) of clause 15”.

SANTOSH KUMAR SARANGI, Jt. Secy.

Note: The principal Order was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide Notification number

S.O.472 (E), dated the 20 th June, 1989 and subsequently amended as follows:-

1.

S.O. 697 (E) dated the 23 rd July, 2001; and

2.

S.O. 3318(E) dated the 25 th October, 2016.

and Published by the Controller of Publications, Delhi-110054.

RAKESH SUKUL

Provisions this order answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Tea Act, 1953