The Tea Act, 1953

(1) This Act may be called the Tea Act, 1953. (2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which theprovisions of this Act relate to the control of the export of tea from, and the cultivation of tea in, India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

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

In this Act, unless the context otherwise requires,-- (a) "Board" means the Tea Board constituted under section 4; (b) "broker" means a broker of tea; (c) "cess" means 1[the duty of excise] imposed by section 25; 2[(d) "Commissioner of Customs" means a Commissioner of Customs as specified in clause (b) ofsection 3 of the Customs Act, 1962 (52 of 1962);] (e) "dealer" means a dealer in tea; (f) "export" means to take out of India by land, sea or air to any place outside India other than acountry or territory notified in this behalf by the Central Government by notification in the OfficialGazette; (g) "export allotment" means the total quantity of tea which may be exported during any onefinancial year; (h) "Fund" means the Tea Fund referred to in section 27; (i) "manufacturer" means a manufacturer of tea; (j) "member" means a member of the Board; (k) "owner"-- (i) with reference to a tea estate or garden or a sub-division there of the possession of whichhas been transferred by lease, mortgage or otherwise, means the transferee so long as his right topossession subsists; and (ii) with reference to a tea estate or a garden or a sub-division for which an agent, isemployed means the agent if, and in so far as, he has been duly authorized by the owner in thatbehalf; (l) "prescribed" means prescribed by rules made under this Act; (m) "standard export figure" means such quantity as the Central Government may, by notificationin the Official Gazette, specify pursuant to any international agreement in this behalf. (n) "tea" means the plant Camellia Sinensis (L) O. Kuntze as well as all varieties of the productknown commercially as tea made from the leaves of the plant Camelia Sinensis (L) O. Kuntzeincluding green tea; (o) "tea seed" includes seeds, roots, stumps, cuttings, buds, and any living portion of the plantCamellia Sinensis (L) O. Kuntze which may be used to propagate that plant.

(1) With effect from such date as the CentralGovernment may, by notification in the Official Gazette, specify in this behalf, there shall be establishedfor the purposes of this Act a Board to be called the Tea 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. (3) The Board shall consist of a Chairman and such number of other members not exceeding forty asthe Central Government may think expedient, to be appointed by that Government by notification in theOfficial Gazette from among persons who are in its opinion capable of representing, (a) owners of tea estates and gardens and growers of tea; (b) persons employed in tea estates and gardens; (c) manufacturers of tea; (d) dealers including both exporters and internal traders of tea; (e) consumers; (f) Parliament; (g) the Governments of the principal tea-growing States; (h) such other persons or class of persons, who, in the opinion of the Central Government, oughtto be represented on the Board. 1[(3A) 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.] (4) The number of persons to be appointed as members from each of the categories specified in subsection (3), the term of office of, the procedure to be followed in the discharge of their functions by, andthe manner of filling vacancies among, the members of the Board shall be such as may be prescribed. (5) Any officer of the Central Government when deputed by that Government in this behalf shall havethe right to attend meetings of the Board and take part in the proceedings thereof but shall not be entitledto vote.

No act done or proceeding taken by theBoard under this Act shall be questioned on the ground merely of the existence of any vacancy in, ordefect in the constitution of the Board.