4. Establishment and constitution of the Board.
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a Board to be called the Tobacco Board.
1.28th August, 1976, vide notification No. S.O. 3141, dated 20th August, 1976, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
This Act has been extended to the States of Andhra Pradesh and Karnataka in respect of ss. 10 and 11 and ss. 12, 14 and 15 in the whole of India.
(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.
1[(3) The head office of the Board shall be at Guntur in the State of Andhra Pradesh and the Board may, with the previous approval of the Central Government, establish offices or agencies at other places in or outside India.]
(4) The Board shall consist of the following members, namely:
(a) a Chairman to be appointed by the Central Government;
(b) three members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States;
(c) 2[eight] members to be appointed by the Central Government to represent respectively:
(i) the Ministry of the Central Government dealing with Agriculture;
(ii) the Ministry of the Central Government dealing with Commerce;
(iii) the Ministry of the Central Government dealing with Finance;
(iv) the Ministry of the Central Government dealing with Industrial Development;
(v) the Indian Council of Agricultural Research;
(vi) the Government of Andhra Pradesh; 3***
4[(via) the Government of Gujarat; and]
(vii) the Government of Karnataka;
(d) two members to be appointed by the Central Government, by rotation in the alphabetical order, to represent the Governments of tobacco-growing States 5[other than the States of Andhra Pradesh, Gujarat and Karnataka];
(e) not more than 6[ten members] to be appointed by the Central Government from amongst growers of tobacco, dealers and exporters (including packers) of tobacco and tobacco products, manufacturers of tobacco products and from amongst persons who, in the opinion of the Central Government, are experts in tobacco marketing or agricultural economics:
7[Provided that the number of members appointed under this clause from amongst the growers of tobacco shall not exceed six.]
7[(f) the Agricultural Marketing Adviser to the Government of India, Department of Rural Development, ex officio;
(g) the Executive Director, ex officio.]
7[(4A) 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.]
(5) The Board shall elect, from amongst 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.
(6) The term of office of the members and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed.
1.Subs. by Act 36 of 1978, s. 2, for sub-section (3) (w.e.f. 30-8-1978).
2.Subs. by s. 2, ibid., for "seven" (w.e.f. 30-8-1978).
3. The word "and" omitted by s. 2, ibid. (w.e.f. 30-8-1978).
4.Ins. by s. 2, ibid. (w.e.f. 30-8-1978).
5.Subs. by s. 2, ibid., for "other than the States of Andhra Pradesh and Karnataka" (w.e.f. 30-8-1978).
6.Subs. by Act 57 of 1985, s. 2, for "eight members" (w.e.f. 1-12-1985).
7.Ins. by s. 2, ibid. (w.e.f. 1-12-1985).
(7) 1[Any officer] of the Central Government (not being a member of the Board) as is deputed by the Central 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 have the right to vote.
(8) The Board may associate with itself, in such manner and for such purposes as may be prescribed, any persons whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Board relevant to the purposes for which he has been associated, but shall not have the right to vote.
(9) No act or proceeding of the Board or any committee appointed by it under section 7 shall be invalidated merely by reason of
(a) any vacancy in, or any defect in the constitution of, the Board or such committee; or
(b) any defect in the appointment of a person acting as a member of the Board or such committee; or
(c) any irregularity in the procedure of the Board or such committee not affecting the merits of the case.