Section 3Definitions

Section 3: Definitions

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.]

Amendment notes (11)
  1. Subs . Subs. by Act 7 of 1943, s. 2, for "India Coffee Market Expansion Board".
  2. omitted w.e.f. 1-8-1955 . The word "Indian" omitted by Act 50 of 1954, s. 5 (w.e.f. 1-8-1955).
  3. Ins w.e.f. 1-8-1955 . Ins. by s. 5, ibid, (w.e.f. 1-8-1955).
  4. Subs . Subs. by Act 22 of 1995, s. 85, for cl. (c).
  5. Ins . Ins. by Act 2 of 1944, s. 2.
  6. Ins . Ins. by Act 3 of 1951, s. 3 and the Sch.
  7. Subs w.e.f. 14-1-1994 . Subs. by Act 23 of 1994, s. 2, for cl. (h) (w.e.f. 14-1-1994).
  8. Subs w.e.f. 19-4-1962 . Subs. by Act 48 of 1961, s. 2, for cl. (i) (w.e.f. 19-4-1962).
  9. Omitted . Cl. (ll) Omitted by Act 3 of 1951, s. 3 and the Schedule which was ins. by the A.O. 1950.
  10. Subs w.e.f. 19-4-1962 . Subs. by Act 48 of 1961, s. 2, for cl. (n) (w.e.f. 19-4-1962).
  11. .Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.