No: 24 Dated: Apr, 18 1947

THE RUBBER ACT, 1947

ACT NO. 24 OF 1947

    An Act to provide for the development under the control of the Unionof the rubber industry 

    WHEREAS it is expedient to provide for the development under the control of the Unionof the rubber industry ;

It is hereby enacted as follows:--

1. Short title and extent. (1) This Act may be called the Rubber Act, 1947

(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 rubber industry.

3. Definitions. In this Act, unless there is anything repugnant in the subject or context,-

(a) "Board" means the  Rubber Board constituted under this Act;

(b) "dealer" means any person who deals in rubber, whether wholesale or retail, or holds stocks of rubber, and includes the representative or agent of a dealer;

(c) "estate" means any area administered as one unit which contains land planted with rubber plants;

(d) "export" and "import" mean respectively taking out of, and bringing into, Indiaby sea, land or air;

(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 of which rubber is used;

(f) "owner" includes any agent of an owner and a mortgagee in possession and a lessee of an estate;

(g) "prescribed" means prescribed by rules made under this Act;

(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 rubber plant;

(ii) the latex of any rubber plant, whether fluid or coagulated, in any stage of the treatment to which 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, but does 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) Castilloa elastica,

(iv) Ficus elastica (Rambong), and

(v) any other plant which the Board may, by notification in the Gazette of India, declare to be a rubber plant for the purposes of this Act;

(j) "Rubber Production Commissioner" means the Rubber Production Commissioner appointed under this Act;

(k) "small grower" means an owner whose estate does not exceed ten hectares in area.

4. Constitution of the Board. (1) As soon as may be after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Board to be called the Rubber Board

(2) The Board shall be a body corporate by the name of the Rubber Board having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

(3) The Board shall consist of-

(a) a Chairman to be appointed by the Central Government:

(b) two members to represent the State of Tamil Nadu, one of whom shall be a person representing rubber producing interest;

(c) eight members to represent the State of Kerala, six of whom shall be persons representing the rubber 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 the manufacturers and four labour;

(da) three members to be nominated by the Central Government of whom two shall be from the Department 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 and one by the Council of States; and

(f) the Rubber Production Commissioner, ex officio

(4) The persons to represent the States of Tamil Nadu and Kerala shall be elected or nominated as may be prescribed

(5) Any officer of the Central Government when deputed by that Government in this behalf shall have the right to attend the meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote

(6) The Board shall elect from among its members a Vice-Chairman who shall exercise such of the powers, and perform such of the functions of the Chairman as may be prescribed or as may be delegated to 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 for being chosen as, or for being, a member of either House of Parliament.

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