Coffee Act, 1942
No: 7 Dated: Mar, 02 1942
THE COFFEE ACT, 1942
ACT NO. 7 OF 1942
An Act to provide for the development under the control of the Union of the coffee industry.
WHEREAS it is expedient to provide for the development under the control of the Union of the coffee industry ;
It is hereby enacted as follows: —
1. Short title, extent and duration.—(1) This Act may he called the Coffee Act, 1942.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
2. Declaration as to expediency of Union control.—It is hereby declared that it is expedient in the public interest that the Union should take under its control the coffee industry.
3. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(a) “the Board” means the Coffee Board constituted under section 4;
(aa) “Chairman” means the Chairman of the Board;
(b) “coffee” means the commodity derived from the fruit of the rubiaceous plant known by that name, and includes raw coffee, cured coffee, uncured coffee, roasted coffee and prepared coffee;
(c) “Commissioner”, means a Commissioner of Customs as specified in clause (b) of section 3 of the Customs Act, 1962 (52 of 1962);
(d) “curing” means the application to raw coffee of mechanical processes other than pulping for the purpose of preparing it for marketing;
(e) “curing establishment” means any place to which raw coffee is sent by a registered owner for curing, and includes any estate which the Board may declare to be a curing establishment for the purposes of this Act;
(ee) “dealer” means a person carrying on the business of selling coffee, whether wholesale or by retail;
(f) “estate” means an area administered as one unit which contains land planted with coffee plants;
(ff) “India” means the territory of India excluding the State of Jammu and Kashmir;
(g) “Indian Coffee Cess Committee” means the Indian Coffee Cess Committee constituted under the Indian Coffee Cess Act, 1935 (14 of 1935);
(h) “free sale quota” means that portion, stated in terms of bulk or weight, of the whole of the coffee produced by the estate in the year, which a registered estate is permitted under this Act to sell;
(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 under sub-section (1) of section 14, and includes also any estate in respect of which an owner is required to be registered under the provisions of that sub-section;
(l) “registered owner” means an owner of a registered estate who has been or is required to be registered under sub-section (1) of section 14;
(m) “surplus pool” means the stock of coffee accumulated by the Board out of the amounts delivered to the Board under section 25;
(n) “year” means the period of twelve months beginning with the first day of July and ending with the thirtieth day of June next following.