The Tobacco Board Act, 1975

(1) This Act may be called the Tobacco BoardAct, 1975. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and for differentStates or different parts thereof.

It is hereby declared that it is expedientin the public interest that the Union should take under its control the tobacco industry.

In this Act, unless the context otherwise requires,-- (a) "Board" means the Tobacco Board established under section 4; (b) "Chairman" means Chairman of the Board; (c) "curing" shall have the meaning assigned to it in the Central Excises and Salt Act,1944 (1 of 1944) and all its grammatical variations and cognate expressions shall be construedaccordingly; (d) "dealer" means a dealer in tobacco; (e) "Executive Director" means the Executive Director appointed under section 6; (f) "export" and import mean, respectively, taking out of, or bringing into, India, by land, sea orair; (g) "member" means a member of the Board and includes the Chairman; (h) "prescribed" means prescribed by rules made under this Act; (i) "registered" means, except in the expression registered grower, registered under Chapter IIIof this Act and the rules made thereunder; (j) "registered grower" means a person who has obtained a certificate of registration undersection 10 for growing virginia tobacco.

(1) With effect from such date as the CentralGovernment may, by notification in the Official Gazette, appoint in this behalf, there shall be establishedfor the purposes of this Act, a Board to be called the Tobacco Board. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and acommon seal, with power to acquire, hold and dispose of property, both movable and immovable, and tocontract, and shall by the said name sue and be sued. 1[(3) The head office of the Board shall be at Guntur in the State of Andhra Pradesh and the Boardmay, with the previous approval of the Central Government, establish offices or agencies at other placesin or outside India.] (4) The Board shall consist of the following members, namely:-- (a) a Chairman to be appointed by the Central Government; (b) three members of Parliament, of whom two shall be elected by the House of the People andone by the Council of States; (c) 2[eight] members to be appointed by the Central Government to represent respectively:-- (i) the Ministry of the Central Government dealing with Agriculture; (ii) the Ministry of the Central Government dealing with Commerce; (iii) the Ministry of the Central Government dealing with Finance; (iv) the Ministry of the Central Government dealing with Industrial Development; (v) the Indian Council of Agricultural Research; (vi) the Government of Andhra Pradesh; 3*** 4[(via) the Government of Gujarat; and] (vii) the Government of Karnataka; (d) two members to be appointed by the Central Government, by rotation in the alphabeticalorder, to represent the Governments of tobacco-growing States 5[other than the States of AndhraPradesh, Gujarat and Karnataka;] (e) not more than 5[ten members] to be appointed by the Central Government from amongstgrowers of tobacco, dealers and exporters (including packers) of tobacco and tobacco products,manufacturers of tobacco products and from amongst persons who, in the opinion of the CentralGovernment, are experts in tobacco marketing or agricultural economics: 6[Provided that the number of members appointed under this clause from amongst the growers oftobacco shall not exceed six.] 6[(f) the Agricultural Marketing Adviser to the Government of India, Department of RuralDevelopment, ex officio; (g) the Executive Director, ex officio.] 7[(4A) It is hereby declared that the office of member of the Board shall not disqualify its holder forbeing chosen as, or for being, a member of either House of Parliament.] (5) The Board shall elect, from amongst its members, a Vice-Chairman who shall exercise such of thepowers and perform such of the functions of the Chairman as may be prescribed or as may be delegated tohim by the Chairman. (6) The term of office of the members and the manner of filling vacancies among, and the procedureto be followed in the discharge of their functions by, the members shall be such as may be prescribed. (7) 8[Any officer] of the Central Government (not being a member of the Board) as is deputed by theCentral Government in this behalf, shall have the right to attend the meetings of the Board and take partin the proceedings thereof, but shall not have the right to vote. (8) The Board may associate with itself, in such manner and for such purposes as may be prescribed,any persons whose assistance or advice it may desire in complying with any of the provisions of this Actand a person so associated shall have the right to take part in the discussions of the Board relevant to thepurposes for which he has been associated, but shall not have the right to vote. (9) No act or proceeding of the Board or any committee appointed by it under section 7 shall beinvalidated merely by reason of-- (a) any vacancy in, or any defect in the constitution of, the Board or such committee; or (b) any defect in the appointment of a person acting as a member of the Board or such committee;or (c) any irregularity in the procedure of the Board or such committee not affecting the merits ofthe case.

The Chairman shall beentitled to such salary and allowances and such conditions of service in respect of leave, pension,provident fund and other matters as may, from time to time, be fixed by the Central Government.