The FAQs have been prepared by Yash Chhikara, a 2nd-year, BA.LLB student at National Law University, Odisha. He is currently interning with LatestLaws.com.

Introduction

The Rubber Act came into existence in the year 1947. The Act has been amended frequently in the past, with last set of amendments came to effect in the year 2009. The Act came into being for promoting natural rubber and developing the rubber industry in the country.  The Rubber Act has 28 Sections which cover broadly the constitution of the board, it's working, control over the export and import, licence for planting and replanting, penalties and jurisdiction of the courts.  

Q 1. Who are the members of the “Rubber Board” under the Rubber Act, 1947?

Ans. The board constitute of

  1. Chairman – appointed by the Central Government
  2. Two members representing the state of Tamil Nadu
  3. Eight members representing the state of Kerala
  4. Ten members to be nominated by the Central Government
  5. Three members of Parliament
  6. Rubber Production Commissioner

Q 2. What are the duties of the members of the Rubber Board?

Ans. The Rubber Board which is based in Kottayam, Kerala undertakes the operation for the development of Rubber industry. The operation includes promoting technological and economic research, guiding students to perform improvised methods of plantation, improvising the marketing of rubber and advising the central government in regards to participation in international conference and all matters related to the development of rubber industry. Further, it is also involved in creating and submitting reports related to the rubber industry to the Central government.

Q 3. What were the major changes brought through the Rubber (Amendment) Act, 2009?

Ans. The government through the amendment has repealed provisions for the registration of estates and licence for planting & replanting of rubber. The amendment has provided inclusion of self-assessment procedure for the collection of cesses which will facilitate the process and avoid delay. The amendment has further increased the penalty for the violation of any section of the Act and provided a single fund (instead of a general fund and the pool fund) for the proper functioning of the Board. 

Q 4. What is Rubber Development Fund?

Ans. It is a fund which includes all the proceeds that are levied and collected under the Act. It includes cess paid or any grant or loan received from the Central government. These funds are used to meet the cost and expenditure incurred in the performance and functions under the Act and to meet the cost of any assistance provided to rubber estates or small growers.

Q 5. What is the penalty for the violation of provisions of the Act?

Ans. Under the Act, a person can be punished with imprisonment for a term (which might extend to one year) or with fine (which might extend to five thousand rupees) or with both.

Q 6. What is the process of prosecution followed by the Courts under the Act?

Ans. To institute the prosecution for any offence under the Act, there is a need for consent from the central government following which any Presidency magistrate or any magistrate of first class shall try for the offence punishable under the Act. However, no prosecution or any form of legal proceeding can be instituted on any official of the Board for any act done in good faith under the Act.

Q 7. Does the government intend to repeal the Rubber Act, 1947?

Ans. There were apprehension that the government wants to either eliminate or merge the Rubber Board with other agriculture boards. The Union Ministry has drawn up a list to repeal some of the obsolete acts. The Rubber and Tea Acts were placed in the list and since then there were apprehension that the government wants to do away with the Act. However, K.N. Raghavan the Rubber Board Chairman has cleared the air and mentioned that there was proposal to bring some changes in the Act but not to repeal it.

Q 8. What is a “rubber plant” under Rubber Act, 1947?

Ans. Rubber Plant includes any plants, trees, vines, shrubs of any of the following-

  1. Hevea Braziliensis (Para Rubber)
  2. Manihot Glaziovii (Ceara Rubber)
  3. Castillio elastica
  4. Ficus elastica (Rambong)
  5. Any other plant which the board through any official gazette of India declare as rubber plant.

Note: Synthetic and Reclaimed rubber is not included in the Rubber Act, 1947.

Q 9. What are the provisions regarding the licensing of transactions in rubber?

Ans. Possession of the licence is the condition precedent to sale, purchase, acquire and dispose of rubber. The general licence or the special licence is issued and published in the Gazette of India by the board. The licence is held valid for the time specified therein and the board is provided with the authority to extend the validity of such licence time and again.

Q 10. What are the recent set of changes proposed in the Act?

Ans. The recent set of changes are proposed to bring the Act in tune with the present realities in the sector. The proposal seeks to substitute periodic licencing with one-time registration. The proposal demands inclusion of synthetic and reclaimed rubber to help the manufacturing sector in research and product development. Further, a reduction in boards staff strength and inclusion of the modifications brought by the introduction of Goods and Service Tax are some of the changes proposed by the Board in the Rubber Act, 1947.

Picture Source : https://www.britannica.com/science/rubber-chemical-compound/Tapping-and-coagulation

 
Yash Chhikara