The Rubber Act, 1947

(1) This Act may be called the Rubber1*** Act, 1947. (2) It extends to the whole of India 2[except the State of Jammu and Kashmir*.]

1[2. Declaration as to expediency of Union control.--It is hereby declared that it is expedient in thepublic interest that the Union should take under its control the rubber industry.]

In this Act, unless there is anything repugnant in the subject or context,-- (a) "Board" means the 1*** Rubber Board constituted under this Act; (b) "dealer", means any person who deals in rubber, whether wholesale or retail, or holds stocksof rubber, and includes the representative or agent of a dealer; (c) "estate" means any area administered as one unit which contains land planted with rubberplants; 2[(cc) "Executive Director" means the Executive Director appointed under this Act;] (d) "export" and "import" mean respectively taking out of, and bringing into 3[India] by sea, landor air; 4[(dd) "India" means the territory of India excluding the State of Jammu and Kashmir*;] (e) "manufacturer" means any person engaged in the manufacture of any article in the making ofwhich rubber is used; (f) "owner" includes any agent of an owner and a mortgagee in possession and a lessee of anestate; (g) "prescribed" means prescribed by rules made under this Act; 5[(ga) "processor" means a person who undertakes the processing of rubber;] (h) "rubber" means-- (i) crude rubber, that is to say, rubber prepared from the leaves, bark or latex of any rubberplant; (ii) the latex of any rubber plant whether fluid or coagulated, in any stage of the treatment towhich it is subjected during the process of conversion into rubber; (iii) latex (dry rubber content) in any state of concentration, and includes scrap rubber, sheet rubber, rubber in powder and all forms and varieties of crepe rubber, butdoes not include rubber contained in any manufactured article; (i) "rubber plant" includes plants, trees, shrubs or vines of any of the following:-- (i) Hevea Braziliensis (Para Rubber), (ii) Manihot Glaziovii (Ceara Rubber), (iii) Castillio elastica, (iv) Ficus elastica (Rambong), and (v) any other plant which the Board may, by notification in the Gazette of India, declare to bea rubber plant for the purposes of this Act; (j) "Rubber Production Commissioner" means the Rubber Production Commissioner appointedunder this Act; 6[(k) "small grower" means an owner whose estate does not exceed 7[fifty acres] in area.]

(1) As soon as may be after the commencement of this Act, theCentral Government shall, by notification in the Official Gazette, constitute for the purposes of this Act aBoard to be called the 1*** Rubber Board. (2) The Board shall be a body corporate by the name of 1*** Rubber Board having perpetualsuccession and a common seal with power to acquire and hold property, both movable and immovableand to contract, and shall by the said name sue and be sued. 2[(3) The Board shall consist of-- (a) a Chairman to be appointed by the Central Government; 3[(b) two members to represent the State of 4[Tamil Nadu], one of whom shall be a personrepresenting rubber producing interests; (c) eight members to represent the State of Kerala, six of whom shall be persons representing therubber producing interests, three of such six being persons representing the small growers;] (d) ten members to be nominated by the Central Government, of whom two shall represent themanufacturers and four labours; 5[(da) three members to be nominated by the Central Government of whom two shall be from theDepartment of Commerce and one from the Department of Agriculture and Co-operation;] (e) three members of Parliament of whom two shall be elected by the House of the People andone by the Council of States; 6[and] 7[(ee) the Executive Director, ex officio; and] (f) the Rubber Production Commissioner, ex officio. (4) The persons to represent the States of 8[Tamil Nadu] and 9[Kerala] shall be elected or nominatedas may be prescribed. (5) Any officer of the Central Government when deputed by that Government in this behalf shall havethe right to attend the meetings of the Board and take part in the proceedings thereof but shall not beentitled to vote. (6) The Board shall elect from among 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 delegatedto him by the Chairman. (7) The members of the Board shall receive from the Board such allowances as may be prescribed. (8) 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.]

(1) If any authority or body fails to make within a reasonable time anynomination which it is entitled to make under section 4, the Central Government may itself nominate amember to fill the vacancy. (2) Where a member of the Board dies, resigns or is removed, or ceases to reside in India, or becomes incapable of acting, the Central Government shall, on the recommendation of the authority or bodyentitled to nominate the member under section 4, or where such recommendation is not made within areasonable time, then on its own initiative, appoint a person to fill the vacancy. (3) No act done by the Board shall be questioned on the ground merely of the existence of anyvacancy in, or defect in the constitution of the Board.