This Act may be called the 4(Tamil Nadu) Coffee-stealing Prevention Act, 1878.

This Act shall take effect in such districts, divisions or parts of districts, or within such localities or limits within the 5[State of Tamil Nadu], and from such date as the 6[State Government] may from time to time direct by notification published in the Official Gazette7.

The 6[State Government] may from time to time modify or cancel such direction by notification similarly published.

In this Act

Labourer. labourer means and includes all persons except resident managers temporarily or permanently employed on a coffee estate in any capacity, whether agricultural, menial or otherwise howsoever:

Carrier. carrier means and includes all persons for the time being employed in the transport of coffee whether by porterage, pack-animals, boat, cart or otherwise, and whether as contractors, drivers or otherwise:

Coffee estate. coffee estate means and includes any land or which coffee is growing:

coffee means and includes all coffee not roasted or otherwise prepared for immediate consumption.

It shall not be lawful for any one to purchase, take in barter or exchange or receive coffee from any labourer employed on a coffee estate.

It shall not be lawful for any one to purchase, take in barter or exchange, or receive coffee from any person other than a labourer employed on a coffee estate, unless the persons so purchasing, taking in barter or exchange, or receiving such coffee shall immediately thereupon enter or cause to be entered in a book to be kept by him for that purpose a true record of such transaction, specifying

(a) the name, residence and occupation of the person from whom such coffee was so purchased, taken in barter or exchange, or received:

(b) the date of the transaction; and

(c) the quantity and description of the coffee so purchased, taken in barter or exchange, or received:

Section not to apply to coffee taken for bona fide personal at consumption. Provided that this section shall not apply to coffee purchased, taken in barter or exchange or received from any person other than a labourer employed on a coffee estate, and intended bona fide for consumption in the house or on the premises of the person purchasing, taking in barter or exchange, or receiving the same as aforesaid.

8[5-A. Person in charge of coffee estate to maintain a book of his transactions. Every person in charge of a coffee estate, whether he be owner thereof or not, who sells, gives in barter or exchange, or delivers any coffee, shall immediately thereupon enter or cause to be entered in a book to be kept by him for that purpose a true record of such transaction specifying

(a) the name, residence and occupation of the person to whom such coffee was so sold, given in barter or exchange, or delivered;

(b) the date of the transaction; and

(c) the quantity and description of the coffee so sold, given in barter or exchange, or delivered.

All books required 9[to be kept] by 9[sections 5 and 5-A] 9* * * shall be produced upon the requisition of any police-officer, not below the rank of an officer incharge of a police station, generally or specially authorized by any Magistrate to require the production of such books.

It shall not be lawful for any one to purchase or take in barter or exchange coffee from any carrier, or for any carrier to sell or give in barter or exchange any coffee, unless the persons so purchasing or taking in barter or exchange such coffee shall, besides making the entry required by section 5 of this Act, also enter or cause to be entered in the book mentioned in the said section 5 the marks (if any) on the bags or other packages in which such coffee may be contained, and unless the entries required by this section and by the said section 5 be also correctly signed by such carrier in his own name, and attested by a police-officer or the headman of the village within which the transaction takes place; for which attestation no fee shall be chargeable.

Any person committing any breach of the provisions contained in section 4, 5, 10[5-A], 6 or 7 of this Act shall be liable, on conviction by a Magistrate, to pay a fine not exceeding five hundred rupees.

Any coolie, maistri or other labourer employed on a coffee-estate found with green gathered 11[parchment or cherry dried] coffee in his possession, and failing to account satisfactorily for such possession, shall be liable, on conviction by a Magistrate, to pay a fine not exceeding five hundred rupees.

No person shall carry or remove coffee from any coffee estate, premises or place, or upon any road, highway or footway, without the express permission of the owner or of his authorized agent.

Permission to be in writing, etc. Such permission shall be in writing, dated and signed by the said owner or his authorized agent, and shall contain the following particulars:

(a) the quantity of the coffee to be carried or removed;

(b) the number, description and marks of the packages in which coffee is secured;

(c) the place or destination to which the coffee is to be carried or removed; and

(d) the names of the consignor and consignee.

Penalty for breach of this section. Any person committing any breach of the provisions of this section shall, on conviction by a Magistrate, be liable to pay a fine not exceeding five hundred rupees.

No coffee shall be gathered, moved, loaded or unloaded on any coffee-estate between sunset and sunrise.

Penalty for breach of above provision. Any person committing a breach of this provision, or abetting (within the meaning of the Indian Penal Code (Central Act XLV of 1860))12 such breach, shall, on conviction by a Magistrate, be liable to pay a fine not exceeding five hundred rupees:

Provided that nothing in section 10 or in this section shall apply to the ordinary operations of curing the crop on the estate such as pulping or storing.

If it shall appear that such gathering, moving, loading or unloading was for the purpose of committing a theft, the person or persons so engaged shall be liable to be charged with theft, or abetment of theft, and be proceeded against for such offence under the provisions of sections 378 and 379 or sections 107, 108 and 109 of the Indian Penal Code (Central Act XLV of 1860), as the case may be.

13. [Omitted] 13[]

All fines paid or levied under this Act shall be paid into the public treasury:

Magistrate may grant rewards to informers. Provided that the Magistrate trying any case under this Act may 14[after reasons to be recorded in writing] grant the whole or any portion of any fine levied therein as rewards to persons furnishing such information as may have led to the conviction of offenders under this Act.

15 It shall be the duty of every person in charge of a coffee-estate whether he be owner thereof or not, to keep such books and to furnish such returns in connection with the coffee-estate or the coffee grown thereon at such times and to such authorities as may be prescribed by the 16[State Government], and to afford to such officers as may be generally or specially designated in that behalf by the Collector all reasonable facilities for verifying the correctness of such books and returns, and for obtaining such other information as may be required for the preparation in public offices of such statistics as the 16[State Government] may prescribe.

17 The 18[State Government] may after previous publication make rules

(a) prescribing forms for the books, returns and statistics referred to in section 15;

(b) regulating the time at which and the authority to whom such returns are to be furnished;

(c) regulating the inspection and examination of such books, returns and statistics; and

(d) generally for carrying out the purposes of this Act; and all such rules shall be published in the 19[Official Gazette] and shall thereupon have the force of law.

2017. Penalty for failure to comply with the provisions of section 15. Any person failing without reasonable excuse to comply with the provisions of section 15 of this Act shall be liable on conviction by a Magistrate to pay a fine not exceeding one hundred rupees.

1. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1989, which came into force on the 14th January, 1969.

2. For Statement of Objects and Reasons, see Fort St. George Gazette Supplement, dated the 28th January, 1878, page 3; for Report of the Select Committee, see ibid, Supplement, dated the 13th August, 1878, page 3; for Proceedings in Council, see ibid, Supplement, dated the 12th February, 1878, page 27 ibid, Supplement, dated the 13th August, 1878, page 100, ibid, Supplement, dated the 20th August, 1878, page 101. This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelvel district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960), which came into force on the 1st April, 1961, repealing the corresponding law in that territory.

3. Received the assent of the Governor on the 30th August, 1878, and of the Governor-General on the 28th September, 1878

4. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

5. This expression was substituted for the expression Presidency of Fort St. George by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

6. The words Provincial Government were substituted for the words Governor in Council by the Adaptation Order of 1937 and the word State was substituted for Provincial by the Adaptation Order of 1950.

7. For places to which the Act has been extended from time to time under this section, see the List of Local Rules and Orders.

8. This section was inserted by section 3 of the Tamil Nadu Coffee-stealing Prevention (Amendment) Act, 1900 (Tamil Nadu Act II of 1900).

9. The words to be kept wore inserted, the words and figuros sections 6 and 5-A were substituted for the word and figure section 6 and the words to be kept by persons purchasing coffee were repealed by s. 4 of the Tamil Nadu Coffee-stealing Prevention (Amendment) Act, 1900 (Tamil Nadu Act II of 1900).

10. The figure and letter 5-A were inserted by section 5, ibid.

11. These words were inserted by s. 6, of Tamil Nadu Act II of 1900.

12. See ss. 107 and 108 of the Indian Penal Code.

13. This section was repealed by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing-and Amending Act, 1957 (Tamil Nadu Act XXV of 1957). In so far as its application to the added territories is concerned, this section was repealed by section 12 of the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1961).

14. These words were inserted by Tamil Nadu Act II of 1900, s. 8.

15. Sections 15, 16 and 17 were added by Tamil Nadu Act II of 1900, s. 9.

16. This expression was substituted for the expression State Government of Madras by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

17. Sections 15, 16 and 17 were added by Tamil Nadu Act 11 of 1900, s. 9.

18. This expression was substituted for the expression State Government of Madras by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

19. These words were substituted for the words Fort St. Georag Gazette by the Adaptation Order of 1937.

20. Sections 15, 16 and 17 were added by Tamil Nadu Act 11 of 1900, s. 9.