The Coffee Act, 1942

(1) This Act may he called the 1[Coffee Act], 1942. (2) It extends to the whole of India 2[except the State of Jammu and Kashmir*]. 3* * * * *

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

In this Act, unless there is anything repugnant in the subject orcontext,-- (a) "the Board" means the 1[2* * * Coffee Board] constituted under section 4; 3[(aa) "Chairman" means the Chairman of the Board;] (b) "coffee" means the commodity derived from the fruit of the rubiaceous plant knownby that name, and includes raw coffee, cured coffee, uncured coffee, roasted coffee andprepared coffee; 4[(c) "Commissioner", means a Commissioner of Customs as specified in clause (b) of section 3of the Customs Act, 1962 (52 of 1962); (d) "curing" means the application to raw coffee of mechanical processes other than pulping forthe purpose of preparing it for marketing; (e) "curing establishment" means any place to which raw coffee is sent by a registered owner forcuring, and includes any estate which the Board may declare to be a curing establishment for thepurposes of this Act; 5[(ee) "dealer" means a person carrying on the business of selling coffee, whether wholesale or byretail;] (f) "estate" means an area administered as one unit which contains land planted withcoffee plants; 6[(ff) "India" means the territory of India excluding the State of Jammu andKashmir*;] (g) "Indian Coffee Cess Committee" means the Indian Coffee Cess Committee constituted under the Indian Coffee Cess Act, 1935 (14 of 1935); 7[(h) "free sale quota" means that portion, stated in terms of bulk or weight, of thewhole of the coffee produced by the estate in the year, which a registered estate ispermitted under this Act to sell;] 8[(i) "owner", in relation to any land planted with coffee plants, includes,-- (1) any agent of the owner, and (2) a mortgagee, lessee or other person in actual possession of the land;] (j) "prescribed" means prescribed by rules made under this Act; (k) "registered estate" means an estate in respect of which an owner is registered undersub-section (1) of section 14, and includes also any estate in respect of which an owner isrequired to be registered under the provisions of that sub-section; (l) "registered owner" means an owner of a registered estate who has been or isrequired to be registered under sub-section (1) of section 14; 9* * * * * (m) "surplus pool" means the stock of coffee accumulated by the Board out of the amountsdelivered to the Board under section 25; 10[(n) "year" means the period of twelve months beginning with the first day of July and endingwith the thirtieth day of June next following.]

(1) The Board constituted by the name of the IndianCoffee Market Expansion Board under section 4 of the Indian Coffee Market ExpansionOrdinance, 1940 (13 of 1940), shall be the 1[Coffee Board] for the purposes of this Act. 2[3[4(2) The Board shall consist of-- (a) a Chairman to be appointed by the Central Government by notification in theOfficial Gazette; (b) three Members of Parliament of whom two shall be elected by the House ofthe People and one by the Council of States; and (c) such number of other members not exceeding twenty-nine as the CentralGovernment may think expedient, to be appointed by that Government by notificationin the Official Gazette from among persons who are in its opinion capable ofrepresenting,-- (i) Governments of the principal coffee-growing States; (ii) coffee-growing industry; (iii) coffee trade interests; (iv) curing establishments; (v) interests of labour; (vi) interests of consumers; and (vii) such other interests as, in the opinion of the Central Government, ought to berepresented on the Board. (2A) The number of persons to be appointed as members from each of the categories specified inclause (c) of sub-section (2), the term of office of, the procedure to be followed in the discharge oftheir functions by, and the manner of filling vacancies among, the members of the Board shall besuch as may be prescribed.] (2B) Any officer of the Central Government when deputed by that Government in this behalfshall have the right to attend meetings of the Board and take part in the proceedings thereof butshall not be entitled to vote.] 5* * * * *] 6[(4)] No act done by the Board shall be questioned on the ground merely of the existence of anyvacancy in, or any defect in the constitution of, the Board. 7[(5) It is hereby declared that the office of member of the Board shall not disqualify itsholder for being chosen as, or for being, a member of either House of Parliament.]

The Board shall be a body corporate by the name of the1[2* * * Coffee Board], having perpetual succession and a common seal, with power to acquire andhold property, both movable and immovable, and to contract, and shall by the said name sue and besued.