Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Tea (Marketing) Control Order, 2003 CONTENTS 1. Short title and Commencement. 2. Definitions. 3. Registration of manufacturer of tea. 4. Registration of buyer of tea. 5. Cancellation/Suspension of Registration of manufacturer. 6. Cancellation/Suspension of registration of Buyer. 7. Filing of Returns 8. Maintenance of Records. 9. Organiser of Tea Auction to obtain a licence. 10. Broker in tea Auction to obtain licence. 11. Application for Licence. 12. Grant or Refusal of licence. 13. Issue of direction. 14. Period of validity of a licence. 15. Renewal of licence. 16. Signing of licence/Registration. 17. Fees 18. Conditions of licence. 19. Cancellation/Suspension of a Licence. 20. Maintenance, Submission of accounts, etc. by licensee. 21. Sale of tea through public auctions. 22. Purchase of Tea by Buyer. 23. Safe of Tea outside public auction 24. Appeal. 25. Constitution of committee on tea marketing. 26. Service of orders and directions. 27. Power of Entry etc. 28. Adherence to the Standard of Tea by manufacturers/buyers. 29. Drawing of Sample. 30. Fixation of price sharing formula and its compliance 31. Delegation of Powers of the Registering/Licensing Authority. 32. Power to relax Tea (Marketing) Control Order, 2003 In exercise of the powers conferred by sub-sees. (3) and (5) of Sec. 30 of the Tea Act, 1953 (29 of 1953) and in supersession of The Tea (Marketing) Control Order, 1984, except as respect things done or omitted to have been done before such supersession, the Central Government hereby makes the following Order, namely : 1. Short title and Commencement. :- (1) This order may be called the Tea (Marketing) Control Order, 2003. (2) It shall come into force on the date of its publication in the Official Gazette. 2. Definitions. :- In this Order, unless the context otherwise requires, (a) " Act" means the Tea Act, 1953; (b) "Board" means the Tea Board established u/S. 4 of the Act; (c) "Chairman" means the Chairman of the Tea Board and includes any person exercising for the time being the powers of the Chairman; (d) "Calendar Year" means a year starting from 1st day of January and ending on 31st day of December of that year. (e) "Form" means a form appended to this Order; (f) "Licence" means a licence granted under paragraph 12 of this Order; (g) "Licensee" means a holder of a licence granted under this Order; (h) "Licensing Authority" means the Chairman; 1 (i) "manufacturer'' means any person, firm, company, corporate body, co-operative society etc., who manufactures tea made from the leaves of Camellia Sinen-sis (L) O Kuntze, including green tea and instant tea, in a factory, which includes Estate Factories, Bought Leaf Factories and Co-operative Factories, or who produces value added products commercially known as tea viz. packet tea, tea bags, flavoured tea and quick brewing black tea; (j) "Organiser of tea auction" means any one including any person, corporate body, co-operative society or association, whether registered or not under whose control or auspices public auctions of tea take place; (k) "Registering authority" means the Chairman; (l) "Registered manufacturer" means a manufacturer registered under paragraph 3 of this Order; 1 '(m) "buyer* means any person, firm, company, corporate body, co-operative society etc., including a consignee or commission agent, who receives tea by way of stock transfer from the manufacturer, with a place of business in tea in India, engaged in purchasing or procuring tea either from public tea auctions or directly from manufacturers of tea but excludes those who buy only instant tea and other value added products of tea viz. tea bags, packet teas, flavoured tea, quick brewing black tea etc. and also excludes the secondary buyers who do not source their teas either from auctions or from manufacturers'; (n) "Tea leaf" means the leaf of the plant Camellia Sinensis (L) O. Kuntze and includes tender stems and buds of the plant Camellia Sinensis (L) O. Kuntze; (o) "Tea grower" means any person, firm, company or body corporate, or cooperative society engaged in cultivation of tea plants; (p) "Plantation district' means a distinct geographical area where tea plants are cultivated on a large scale as defined and recognised by the Tea Board; (q) "Bought leaf tea factory" means a tea factory which sources not less than two-thirds of its tea leaf requirement from other tea growers during any calendar year for the purpose of manufacture of tea; 1 '(r) "packet tea" means tea packed in unit packs or containers of type as are ordinarily put up for the purpose of retail sale under a brand name and includes packages known as 'Jota' of two packs packed together in which the net weight of tea contained in the basic pack unit does not exceed one kilogram and excludes packing of loose tea in the ordinary course of retail business of the retailer'. (s) "Tea bag" means packet containing tea in bags made of filter- paper, nylon net and/or any other acceptable material conforming to international norms and standards, for brewing of tea liquor by direct immersion of such bag in hot or cold water, and commercially known as tea bag; (t) "Green tea" means the variety of manufactured tea commercially known as green tea; (u) "Quick brewing black tea" means a product known commercially as tea, containing not less than 20% (maximum) extract and/or concentrate of tea with not more than 80% (maximum) manufactured tea in black form and conforming to the Prevention of Food Adulteration Act, 1954 specifications used for brewing tea liquor in hot or cold water; (v) "Instant tea" means a product derived from the acquous extract of tea, tea waste and tea leaf and commercially known as instant tea; (w) "Registered buyer" means a buyer registered under paragraph 4 of this Order; (x) "Broker" means any person, firm , company, corporate body, cooperative society etc., engaged in the business of brokering in tea through the licensed auction systems and is licensed under paragraphs 10, 11, 12, 14 and 15 of this Order; (y) "Made Tea" means tea which conforms to specifications for the tea as laid down under the Prevention of Food Adulteration Act, 1954 (Act 37 of 1954) or any other law for the time being in force. 1. Substituted by The Tea (Marketing) Control Second Amendment Order, 2003 3. Registration of manufacturer of tea. :- (1) No manufacturer shall carry on the activities of manufacturing tea after sixty days of the publication of this order in the Official Gazette except under a valid registration obtained under this Order in respect of each factory owned or controlled by him: Provided that the manufacturer who has already obtained registration under the provision of Tea (Marketing) Control Order, 1984 shall be deemed to have been registered under the provision of this Order and they should intimate the Tea Board accordingly. (2) Every 1 [manufacturer] desiring to obtain a certificate of registration shall make an application to the registering authority in Form "A". (3) The registering authority may, for reasons to be recorded in writing, refuse to grant a registration to an applicant and shall furnish him with a copy of the order so passed : Provided that before passing an order of refusal, an opportunity of being heard shall also be granted to the applicant. (4) Where an application for registration is not refused under sub- paragraph (3), the registering authority shall grant the applicant a certificate of registration within fifteen working days from the date of receipt of the application in Form 'B'. 1. Substituted for the words "person" by The Tea (Marketing) Control Second Amendment Order, 2003 4. Registration of buyer of tea. :- (1) No 1[buyer] shall carry on the activities of buying tea from any public tea auction licensed by Tea Board or directly from manufacturer of tea after sixty days of the publication of this order in the Official Gazette except under a valid registration obtained under this Order. (2) Every 1 [buyer] desiring to obtain Certificate of registration shall make an application to the Registering authority in Form 'C'. (3) The Registering Authority may for reasons to be recorded in writing refuse to grant registration to an applicant and shall furnish him with a copy of the Order so passed : Provided that before passing an order of refusal, an opportunity of being heard shall also be granted to the applicant. (4) Where an application for registration is not refused under Sub- paragraph (3), the Registering Authority shall grant the applicant a Certificate of Registration in Form 'D' within seven working days of receipt of application. 1. Substituted for the words "person" by The Tea (Marketing) Control Second Amendment Order, 2003 5. Cancellation/Suspension of Registration of manufacturer. :- (1) The registering authority may, after giving the manufacturer an opportunity of being heard, cancel or suspend the registration on any of the one or more of the following grounds, namely (a) Closure of business by the manufacturer; (b) Misrepresentation of any material fact by the manufacturers at the time of obtaining registration or subsequently; (c) Violation by the manufacturer of any of the provisions of the Act or this Order; (d) Failure to carry out any of the directions issued by the registering authority; (e) If the Registering Authority after causing due enquiry has reason to believe that the manufacturer is involved in the adulteration of tea with tea waste and/or any matter and that the tea does not conform to the specifications laid down under the Prevention of Food Adulteration Act, 1954 or any other law for the time being in force; (f) If the Registering authority has reason to believe that the factory building, machinery or equipment or manner of operation of any tea factory is not of a standard and capacity conducive to the manufacture of made tea conforming to the norms and standards, applicable from time to time. 1 "(g) if the Registering Authority has reason to believe that the manufacturer is indulging in unfair trade practices which may adversely affect the marketing system including the public tea auction system.". (2) Every order suspending/cancelling a registration shall be in writing and shall specify the reasons for such suspension/cancellation and shall be communicated to the registered manufacturer forthwith or within seven working days of the passing of such order. 1. Inserted by The Tea (Marketing) Control Second Amendment Order, 2003 6. Cancellation/Suspension of registration of Buyer. :- (1) The Registering Authority may, after giving the buyer an opportunity of being heard, cancel or suspend the Registration on any one or more of the following grounds, namely : (a) Closure of the business of the buyer: (b) Misrepresentation of any material fact by buyer at the time of obtaining registration or subsequently; (c) Violation of any of the provisions of the Act or this Order; (d) Failure to carry out any direction of Registering Authority; (e) If the Registering Authority has reason to believe that the buyer is indulging in unfair trade practices which may adversely affect the marketing system including the public tea auction system. (2) Every order suspending/cancelling a registration shall be in writing and shall specify the reasons for such suspension/cancellation and shall be communicated to the registered buyer forthwith or within seven working days of the passing of such order. 7. Filing of Returns :- ". . 1 (1) Every registered manufacturer shall furnish to the Registering Authority a monthly return in Form 'E' or such other information as the Registering Authority may, by special or general order, call for from time to time. (2) Every registered buyer shall furnish to the Registering Authority a quarterly return in Form 'F' or such other information as the Registering Authority may, by special or general order, call for from time to time.". 1. Substituted for the words "person" by The Tea (Marketing) Control Second Amendment Order, 2003 8. Maintenance of Records. :- (1) Every Registered Manufacturer engaged in purchasing tea leaves from other growers shall maintain records as determined by the Registering Authority from time to time and shall furnish to the officer authorised by Registering Authority all such information as the authorised officer may by special or general order call for from time to time. (2) Every licensed broker/organiser of auction shall furnish to the Licensing Authority any return in the manner as may be specified and such other information as the Licensing Authority may by special or general order call for from time to time. 9. Organiser of Tea Auction to obtain a licence. :- No organiser of tea auction shall carry on the business of organising, holding or conducting public tea auctions under its control or auspices except under a licence obtained in accordance with the provisions of this Order : Provided that the organiser of the auction who has already obtained licence under the provisions of the Tea (Marketing) Control Order, 1984 shall be deemed to have obtained licence under the provisions of this Order and they shall intimate the Tea Board accordingly. 10. Broker in tea Auction to obtain licence. :- No person shall carry on the business of a broker of tea in public tea auctions except under a licence obtained in accordance with the provisions of this Order. Provided that the broker who has already obtained licence under the provisions of the Tea (Marketing) Control Order, 1984 shall be deemed to have obtained licence under the provisions of this Order and they shall intimate the Tea Board accordingly. 11. Application for Licence. :- Every application for a licence referred to in paragraphs 9 and 10 shall be submitted to the Licensing Authority in Form 'G'. 12. Grant or Refusal of licence. :- (1) The Licensing Authority may, for reasons to be recorded in writing, refuse to issue a licence to an applicant and shall furnish him with a copy of the order so passed : Provided that before passing an order of refusal, an opportunity of being heard shall also be granted to the applicant. (2) Where an application for licence is not refused under paragraph 12(1) above, the Licensing Authority shall issue him a licence in Form 'H'. (3) Every applicant for a licence for carrying oh the business of an organiser of public tea auction shall, along with his application for a licence submit to the Licensing Authority :- (i) the rules (by whatever name called) which would govern the activities/function of the organiser; (ii) the names, addresses of the members of its managing committee (by whatever name called); (iii) the names, designations and addresses of persons authorised to authenticate the decisions of such managing committee; (iv) the auction rules, (by whatever name called), which would govern the conduct of such public tea auctions held under its control or auspices; (v) the names and addresses of the brokers associated with such public tea auctions; and (vi) such other particulars as the Licensing Authority may, from time to time, call for. 13. Issue of direction. :- (1) The Licensing Authority at any time during the valid period of licence may issue directions to the organiser of tea auctions/brokers either individually or collectively : (a) if the licensing authority has reason to believe that an organiser of tea auction is including in or is likely to indulge in malpractices in the conduct of or in relation to the public tea auction held under its control or auspices or; (b) for improving the efficiency of the public tea auction system or; (c) to bring about uniformity in the procedure of public tea auctions held in various parts of the country, and on receipt of such directions, every organiser of tea auction shall carry out the directions within a period of thirty days from the date of receipt thereof. (2) Notwithstanding any provision contained in the rules and regulations of the licensed organiser, the directions issued by the Licensing Authority from time to time shall supersede such rules and regulations with immediate effect or within the time as may be specified. (3) The Registering Authority may from time to time issue directions to registered manufacturers, registered buyers either individually or collectively on any matter connected with the business which are relevant for purposes of carrying out the objects o f this order and on receipt of such directions, every registered manufacturer/registered buyer shall carry out the directions within a period as specified by the Registering Authority from time to time. 14. Period of validity of a licence. :- A licence issued under this Order shall, unless cancelled before, expire on the 31st day of December of the calendar year. 15. Renewal of licence. :- (1) Every application for renewal thereof by broker or organiser of auctions shall be submitted to the Licensing Authority in Form 'I'; (2) The Licensing Authority may, on an application made to it and subject to the other provisions of this Order, renew a licence and issue a certificate in Form 'J'; (3) Every application for renewal of a licence shall be submitted to the licensing authority not less than thirty days before the date of expiry of the licence except in cases where the licence has been issued on or after 1st day of December of that calendar year. 16. Signing of licence/Registration. :- Every licence issued or renewed and every certificate of registration granted under this Order shall be signed by the Licensing Authority or the Registering Authority, as the case may be, or by any officer of the Board specifically authorised to do so by the Licensing Authority/Registering Authority. 17. Fees :- 1 Every application for the issue of a licence or registration or renewal thereof shall be accompanied by fees as specified below : For issue of licence Rs. 25007- For registration Rs. 25007- For renewal of licence Rs. 5007- Provided that a manufacturer with more than one manufacturing unit shall submit separate application for registration for each manufacturing unit: Provided further that a buyer having more than one office or branch shall submit only one application indicating addresses of all its offices or branches: Provided also that registration fee of Rs. 2,5007- only is to be paid by a single applicant irrespective of the number of applications submitted by him for registration : Provided also that any manufacturer or buyer or auction organiser or broker who has obtained or applied for a registration or licence before the commencement of this Order, would be entitled to refund of the amount paid over and above what is now being specified under this Order.". 1. Substituted for the words "person" by The Tea (Marketing) Control Second Amendment Order, 2003 18. Conditions of licence. :- (1) Every licence issued or renewed under this Order shall be deemed to have been granted or renewed in favour of the person named therein and no licence shall be sold or otherwise transferred; (2) If a licensee enters into a partnership with regard to the business covered by his licence, he shall bring the matter to the notice of the Licensing Authority within fifteen days of entering into such partnership and shall get the licence suitably amended; (3) Where a partnership is entered into, all the partners in the firm as well as the original licensee shall be bound by the conditions of the licence; (4) If a partnership is dissolved, every person who is a partner immediately before the date of such dissolution shall send a report of such dissolution to the Licensing Authority within fifteen days thereof; (5) Every licensee shall produce his licence for inspection on demand by an officer of the Board duly authorised by the Licensing Authority hi this behalf; (6) If, during the currency of a licence, the licensee intends to take any action which calls for modifications in the particulars furnished in the application on the basis of which the licence for the time being in force has been issued, he shall bring to the notice of the Licensing Authority at least fifteen days in advance and get his licence suitably amended and such amendment to the licence shall be made free of any charge and the amended licence shall be valid for the rest of the period covered by the licence; (7) No owner of a warehouse licensed under the Tea Warehousing (Licensing) Order, 1989 shall enter into any transaction with; . (a) a manufacturer/buyer who is required to be registered under this Order, but has not so registered, or whose registration has ceased to be valid; or (b) a broker or organiser of a public tea auction who is required to obtain a licence under this Order but has not done so, or whose licence has ceased to be valid. (8) No broker shall enter into any transaction in tea with any manufacturer/buyer required to be registered under this Order but has not so registered, or whose registration has ceased to be valid; (9) No broker shall participate in a public tea auction conducted by or held under the control or auspices of an organiser of tea auction who under the provisions of this Order, is required to obtain a licence but has not obtained such a licence, or whose licence has ceased to be valid; (10) No organiser of public tea auction shall allow teas from any unregistered manufacturer to be put in public tea auction held under its control or auspices or allow any unlicensed broker/unregistered buyer to carry on the business of public tea auctions held under its control or auspices. 19. Cancellation/Suspension of a Licence. :- (1) The Licensing Authority may, after giving a licensee (organiser of tea auction/broker) an opportunity of being heard, cancel or suspend a licence on any one or more of the following grounds, namely : (a) Closure of business by the broker; (b) Willful refusal to conduct any auction sale by the organiser of auction; (c) Misrepresentation of any material fact by the applicant at the time of obtaining licence or subsequently; (d) Violation by the Licensee of any of the provisions of the Act or of this Order; (e) Failure to carry out the direction of Licensing Authority with respect to the rules for conduct of auction within the period as specified by the Licensing Authority; (f) Failure to carry out the direction of Licensing Authority with respect to the rules and regulations of the auction organiser in relation to its membership, composition of governing body, election of members of governing body, voting procedure and voting rights of the members, financial and administrative matters etc.; (g) If the Licensing Authority has reason to believe that the building or equipment or manner of operation of any brokering firm is not of the standard conforming to the guidelines/norms stipulated by the Licensing Authority. (2) Every Order suspending/cancelling a licence shall be in writing and shall specify the reasons for such suspension/cancellation and shall be communicated to the licensee forthwith or within seven working days of the passing of such Order. 20. Maintenance, Submission of accounts, etc. by licensee. :- T he Registering Authority/Licensing Authority may, from time to time issue directions to any registered manufacturer, registered buyer, licensed organiser of tea auctions, broker as regards : (a) the maintenance of records of production, purchase/sale, stocks, exports or other matters connected with his business which are relevant for purposes of carrying out the objects of this Order; (b) the form and manner in which such records shall be maintained; and (c) the submission for inspection to the officer concerned such books of account relating to his business as may be specified in the direction. 21. Sale of tea through public auctions. :- (1) Every registered manufacturer, as specified by a direction of the Registering Authority, shall, from the date of commencement of this Order, sell such percentage as may be specified from time to time by the Registering Authority, of tea manufactured by him in a calendar year or such period as may be specified in the direction, through public tea auctions in India, held under the control or auspices of organisers of tea auction licensed to do so under the provisions of this Order : Provided that such percentage is specified by the registering authority with the prior approval of the Central Government: 1 [***] (2) Any tea marketed directly by the manufacturer in the form of: (a) packet tea; (b) instant tea; (c) tea bags (d) aromatic tea; (e) green tea; (f) tea exported directly by manufacturers except tea sold through auctions abroad; (g) Quick brewing black tea; and (h) Organic tea; Shall be excluded while computing the total production for purpose of this Paragraph of this Order. 1. Omitted by The Tea (Marketing) Control Second Amendment Order, 2003 22. Purchase of Tea by Buyer. :- 1 "(1) Every registered buyer, as specified by a direction of the Registering Authority, shall, on and from the date of commencement of this Order, buy such percentage of his total purchase of tea, as may be directed from time to time by the Registering Authority in any calendar year, or such period, as may be specified in the direction, through public tea auctions in India, held under the control or auspices of the orgaaisers of tea auctions licensed to do so under the provisions of this order : Provided that such percentage is specified by the Registering Authority with the prior approval of the Central Government.". (2) Any tea purchased directly by the buyer in the form of: (a) packet tea; (b) instant tea; (c) tea bags; (d) aromatic tea; (e) green tea; (f) Quick brewing black tea; and (g) Organic tea; Shall be excluded while computing the total purchase for purpose of this Paragraph of this Order. 1. Substituted for the words "person" by The Tea (Marketing) Control Second Amendment Order, 2003 23. Safe of Tea outside public auction :- 1 Every registered manufacturer who sells tea outside the public tea auction shall do so only to registered buyers or through his own retail outlets or branches directly to consumers or by way of direct exports and details of such sale shall be intimated to the Registering Authority through the monthly returns in Form 'E'.". 1. Substituted for the words "person" by The Tea (Marketing) Control Second Amendment Order, 2003 24. Appeal. :- Any person aggrieved 'by an order : (a) refusing the grant or cancelling/suspending of registration; (b) refusing the issue or renewal of a licence; or (c) cancelling/suspending a licence, may within a period of three months from the date of receipt of such Order, appeal to the Central Government and the Central Government may, after making such inquiry as it may think fit, confirm, reverse or modify such Order.1 "within a period of three months from the date of receipt of the appeal" 1. In para-24 after the words "or modify such Order" the following words shall be inserted by the Tea (Marketing) Control (Amendment) Order, 2005 25. Constitution of committee on tea marketing. :- 1 1. Paragraph 25 shall be omitted, by the Tea (Marketing) Control (2nd Amendment) Order, 2004 26. Service of orders and directions. :- (1) Any order or direction made by the Registering Authority or Licensing Authority under this Order shall either be notified in the Official Gazette or be served on individual/Company or any other entity viz., organiser of tea auction, tea broker, manufacturer of tea, buyer of tea etc.; (2) In case, an Order or direction is served on an individual/Company or any other entity, it shall be by delivering or tendering it to that individual/Company or any other entity; (3) In case, if it can not be so delivered or tendered, it shall be by affixing it on the outer door or some other conspicuous part of the premises in which that individual/Company or any other entity, lives or carries on business or personally works for gain and written report thereof shall be prepared and witnessed by at least two persons living in the neighbourhood. 27. Power of Entry etc. :- (1) The Registering Authority, the Licensing Authority or 1not below the rank of Assistant Development Officer or Inspector specifically authorised in this behalf in writing by the authority, may enter and search at any time any land, building, premises or vehicles in which the Registering Authority/Licensing Authority has reason to believe that tea is stored, carried, distributed or sold in contravention of the provisions of this Order and seize any tea or product of tea which appears to him to be stored, carried distributed or sold in contravention of the provisions of this Order; (2) Any officer taking action under this clause shall submit a report to the Registering Authority or the Licensing Authority, as the case may be, within twenty-four hours of taking such action; 2 (3) The following procedure shall be adopted relating to search and seizure- (a) Any person residing in or being in charge of such place shall allow the duly authorised officer on production of the authority issued by the Licensing Au- thority or Registering Authority, free ingress thereto, and afford all reasonable facilities for a search therein. (b) Before making a search, such authorised officer shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situated or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search. (c) The search shall be made in their presence, and a list of all the products of tea or related items seized in the course of such search and of the places in which they are found shall be prepared by the authorised officer and signed by such witnesses; but no person witnessing a search under this paragraph shall be required to attend the Court as a witness of the search unless specially sum- moned by it. (d) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared and duly signed by the said witnesses, shall be delivered to such occupant or person. 1. Substituted for the words "any Officer of the Board" by Tea (Marketing) Control (Amendment) Order, 2004 2. Substituted for the words "any Officer of the Board" by Tea (Marketing) Control (Amendment) Order, 2004 28. Adherence to the Standard of Tea by manufacturers/buyers. :- (1) No manufacturer shall manufacture tea which does not conform to specification as laid down under the Prevention of Food Adulteration Act 1954 as amended from time to time or any other rules for the time being in force. (2) No buyer shall deal in the buying and/or selling of tea which does not conform to specifications for tea as laid down under the Prevention of Food Adulteration Act 1954 as amended from time to time or any other rules for the time being in force. 29. Drawing of Sample. :- The Licensing Authority/Registering Authority may authorise an officer of the Board 1 [not below the rank of Assistant Development Officer to take any sample of not more than 125 grams in weight per set in 3 sets, duly sealed and signed by the said officer and the representatives of the owner concerned and any other two witnesses drawn from any stock held by the manufacturer/buyer to check whether the sample taken conforms to specifications as laid down under the Prevention of Food Adulteration Act 1954 as amended from time to time or any other rules for the time being in force. 1. Substituted for the words "not below the rank of Executive Director " by The Tea (Marketing) Control Second Amendment Order, 2003 30. Fixation of price sharing formula and its compliance :- 1 (1) Every registered manufacturer engages in purchase of green tea leaves shall pay to the supplier of green leaf a reasonable price according to the price sharing formula as may be specified by the Registering Authority from time to time and implemented in a manner as determined by the Registering Authority, with the prior approval of the Central Government. For the said purpose, the reasonable price for tea leaves payable to the supplier of green leaf according to the price sharing formula shall be determined taking into account the sale proceeds received by the registered manufacturer. (2) Registering Authority or any officer of the Board, not below the rank of Joint Controller of Licensing, authorised by the Registering Authority in writing, may direct any broker, through whom the manufacturer has sold any made tea, to deduct from the proceeds of such sale an amount equivalent to the difference between the reasonable price of tea leaves as determined in terms of the price sharing formula and the actual price paid by such manufacturer for the tea leaves bought by him. (3) Registering Authority or any officer of the Board, not below the rank of Joint Controller of Licensing, authorised by the Registering Authority in writing, may direct any broker, through whom the manufacturer has sold any made tea and has delayed the payment of the reasonable price for tea leaves as determined in terms of the price sharing formula, to deduct from the sale proceeds of such sale an amount equivalent to the reasonable price so determined for such tea leaves. (4) Registering Authority or any officer of the Board, not below the rank of Joint Controller of Licensing, authorised by the Registering Authority in writing, may direct any broker to remit the sum so deducted under sub-paragraphs (2) and (3) in a manner and to the person as may be specified. (5) The Registering Authority or any officer of the Board, not below the rank of Joint Controller of Licensing, authorised by the Registering Authority in writing may also ensure the compliance of the payment of reasonable price for tea leaves as per sub-para- graphs (1), (2), (3) and (4). 1. Substituted for the words "any Officer of the Board" by Tea (Marketing) Control (Amendment) Order, 2004 31. Delegation of Powers of the Registering/Licensing Authority. :- The Registering/Licensing Authority may, by special order, delegate any of his function to one or more officers of the Tea Board, with the prior approval of the Central Government. 32. Power to relax :- ". . 1 With the prior approval of Central Government, the Registering or Licensing Authority may, on its own or on an application submitted by a manufacturer or buyer or licensee, if satisfied that in enforcing compliance of any of the provisions of this Order, undue hardship would result to any manufacturer or buyer or licensee, for reasons to be recorded in writing, relax any of such provisions of this Order or exempt any manufacturer or buyer or licensee or any category of manufacturers or buyers or licensee from complying with such provisions of this Order.". 1. Inserted by The Tea (Marketing) Control Second Amendment Order, 2003