TEA PROPAGANDA



TEA PROPAGANDA
AN ORDINANCE TO IMPOSE AN ADDITIONAL EXPORT DUTY ON TEA FOR THE PURPOSE OF ESTABLISHING A BOARD TO UNDERTAKE THE ADVERTISEMENT OF CEYLON TEA.
Ordinance Nos,
19 of 1932
Act Nos,
2 of 1949
21 of 1950
[25th July
, 1932
]
Short title.

1. This Ordinance may be cited as the. Tea Propaganda Ordinance.

Interpretation.


[S2, 2 of 1949.]

2. In this Ordinance,

” association ” includes,

The Ceylon Chamber of Commerce,

The Planters’ Association of Ceylon,

The Low-Country Products Association of Ceylon, and

The Colombo Tea Traders’ Association ;

“board” means

“The Ceylon Tea Propaganda Board” established under section 3.

Establishment of board.

3. There shall be established a board styled ” The Ceylon Tea Propaganda Board”, for the purpose of promoting the demand for Ceylon tea in the markets of the world and for the purpose of exercising the powers and carrying out the duties conferred and imposed upon it by this Ordinance.

Constitution of board.


[ 3, 2 of 1949.]

[ [ 3, 2 of 1949.]

[ [3, 2 of 1949.]

[ [3, 2 of 1949.]

4.

(1) The board shall consist of the following persons:-

“Ex Officio ” Members

The Secretary to the Treasury [1] or a person deputed by him.

The Permanent Secretary to the Ministry or a person deputed by him.

The Director of Commerce.

The Chairman or Deputy Chairman of the Ceylon Chamber of Commerce.

The Chairman or Deputy Chairman of the Planters’ Association of Ceylon.

The Chairman of the agency section of the Planters’ Association of Ceylon.

The Chairman or Vice-Chairman of the Ceylon Merchants’ Chamber.

The Chairman or Vice-Chairman of the Low-Country Products Association of Ceylon.

Nominated Members

One member nominated by the Ceylon Chamber of Commerce from among its members.

Two members nominated by the Planters’ Association of Ceylon from among its members.

One member nominated by the Low-Country Products Association of Ceylon from among its members.

One member nominated by the Colombo Tea Traders’ Association from among its members.

One member nominated by the Minister to represent small holders.

One member nominated by the Minister to represent small traders.

(2) A nominated member of the board shall hold office for a period of three years from the date of his nomination:

Provided that if a member nominated by any association shall cease to be a member of such association before the expiration of the said period of three years, his office as a member of the board shall thereupon become vacant.

(3) The office of a nominated member of the board shall also become vacant upon the death or resignation of such member or upon the expiration of the period of his term of office.

(4) Any nominated member who is absent without reasonable cause from three ordinary consecutive meetings of the board may, by resolution of the board passed at any ordinary meeting of which notice has been duly given, be held to have vacated his office.

(5) Whenever the office of a nominated member is vacant, a member shall be nominated in his place by the association concerned or by the Minister, in accordance with the provisions of subsection (1) of this section: Provided that any person whose term of office as a nominated member of the board has expired or is about to expire, may be renominated from time to time.

(6) If any nominated member shall leave Ceylon, it shall be lawful for the association which, or for the; Minister who, nominated him to appoint any other person to be a nominated member in his stead during the period of his absence from Ceylon.

(7) No person shall be deemed to be nominated for the purpose of this section unless he has signified in writing to the association or to the Minister making such nomination his consent to serve on the board as the nominee of such association or Minister, as the case may be.

Incorporation of board and use of seal.

5.

(1) The board shall be a body corporate having perpetual succession and a common seal and may sue and be sued in all courts under the name and style of ” The Tea Propaganda Board of Ceylon “.

(2) The seal of the board shall be authenticated by the signatures of the chairman and of one other member of the board and when so authenticated shall be judicially noticed.

Powers of the board.

6. The board shall have full power and authority-

(1) to take such steps as it may consider necessary, both in and outside Ceylon, to advertise Ceylon teas, to create, promote, encourage and further the demand for Ceylon teas in the markets of the world, and to initiate, finance, support and supervise propaganda work for such purposes or for other purposes connected therewith or incidental thereto ;

(2) to acquire and hold property, movable or immovable, and to sell, transfer, lease, mortgage or otherwise dispose of such property ;

(3) to appoint, employ, remunerate and control its own officers and to direct and decide all matters connected with the administration of its own affairs;

(4) to receive and disburse moneys for the accomplishment of the objects for which it is constituted ;

(5) to enter into contracts and generally to do all such things as may be necessary for the due exercise of the powers conferred and for the due compliance with the duties imposed on it by this Ordinance.

Rules of procedure.

7.

(1) The proceedings of the board shall be regulated according to the rules set out in the Schedule.

(2) It shall be lawful for the board from time to time to make rules, altering, amending or repealing any rule or rules in the Schedule or substituting another or other rules therefor.

(3) All rules so made by the board shall be laid, as soon as conveniently may be, on the table of the Senate and the House of Representatives1 at two successive meetings of the Senate and the House of Representatives,1 and shall be brought before the Senate and the House of Representatives1 at the next subsequent meeting held thereafter by a motion that the said rules shall not be disapproved ; and if upon the introduction of any such motion, or upon any adjournment thereof, the said rules are disapproved by the Senate or the House of Representatives,1 such rules shall be deemed to be rescinded from the date of such disapproval but without prejudice to anything already done thereunder; and such rules, if not so disapproved, shall continue to be of full force and effect. Notification of every such disapproval shall be published in the Gazette.

Imposition of an export duty on tea to provide income for the board.


[ 2, 21 of 1950.]

8.

(1) In order to provide an income for the board there shall be charged, levied and paid, in addition to the export duties imposed under the Customs Ordinance, an export duty not exceeding two rupees and fifty cents per one hundred pounds of tea exported from Ceylon and so in proportion for any less weight, as may be determined from time to time by a resolution of the House of Representatives1 duly passed at any public session.

(2) Every such resolution shall be published in the Gazette and the duty authorized to be collected thereunder shall be charged, levied and paid from the date prescribed in such resolution.

(3) Any resolution of the House of Representatives1 so imposing an export duty on tea may be varied or rescinded at any time by a resolution of the House of Representatives1 passed and published in the manner prescribed in subsections (1) and (2) of this section.

(4) This section shall have effect as though it formed part of the Customs Ordinance, and the provisions of that Ordinance shall apply accordingly.

(5) The proceeds of the export duty recovered under this Ordinance shall be paid over monthly to the board by the Principal Collector of Customs and no part, thereof shall be credited to the Consolidated Fund.

(6) The export duty authorized to be imposed under this Ordinance shall be in addition to the export duty levied under the Tea Research Ordinance, and the Tea Cess (Temporary Increase) Ordinance, 1930, * but shall not be taken into account in estimating the export duty levied on tea under the law of Ceylon for purposes of section 32* of the Income Tax Ordinance.

* Now lapsed.-See Ordinances Nos. 62 of 1938 and 48 of 1943.

Application of income and other moneys.

9. All moneys paid to the board under this Ordinance and all money lawfully acquired by the board shall be vested in the board and shall form a fund to be administered and applied by the board in its discretion for the objects and purposes for which it is by this Ordinance constituted and incorporated:

Provided that it shall not be lawful for the board to make any payment to a member of the board by way of salary or fee in respect of his services as a member or officer of the board.

Estimates and accounts.

10.

(1) Within a period of four months reckoned from the date prescribed in the first resolution passed by the State Council in terms of section 8 of this Ordinance, the board shall forward to the Minister estimates of the income and expenditure of the board for the remainder of the year then current.

(2) The board shall forward to the Minister not later than the first day of November in each year estimates of the income and expenditure of the board for the next succeeding year.

(3) On receipt of the estimates of income and expenditure, the Minister shall, at the first convenient opportunity, lay such estimates on the table of the Senate and the House of Representatives. [1]

(4) The board shall cause to be prepared and forwarded to the Minister not later than the thirty-first day of March in each year a statement of all moneys received and disbursed during the previous year, and the same shall be subject to such audit and shall be published in such manner as the Minister1 may direct; and a full report of the work of the board, together with the said statement of receipts and disbursements, shall be laid on the table of the Senate and the House of Representatives. [1]

* The section 32 of the Income Tax Ordinance referred to in this section was repealed by section 9 of Act No. 30 of 1950.

Savings of the rights of the Crown and of certain other rights.

11. Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs and Successors, or of any body politic or corporate, or of any other person, except such as are mentioned in this Ordinance, and those claiming by, from and under them.


Schedules

Chapter 169, Volume No. 6, Page No.663.