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Puducherry act 017 of 1964 : Pondicherry Gift Goods (Unlawful Possession) Act, 1964

Preamble

[Pondicherry Act No. 17 of 1964][9th March, 1965]

AN ACT to provide for the punishment of the offence of unlawful possession of gift goods supplied by certain relief organisations.

Whereas it is expedient to provide for the punishment of the offence of unlawful possession of gift goods supplied by certain relief organisations;

Be it enacted in the Fifteenth Year of the Republic of India as follows:-

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Pondicherry Gift Goods (Unlawful Possession) Act, 1964.

(2) It extends to the whole of the Union territory of Pondicherry.

(3) It shall come into force at once.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise require-

(i) "Administrator" means the Administrator appointed by the President under article 239 of the Constitution;

(ii) gift goods means any of the following goods namely:-

(a) cornmeal;

(b) milk powder;

(c) vegetable oil (soyabean oil or sunflower seed oil) supplied, by way of gift, by any relief organisation to any State Government or to the Central Government or to any other person on behalf of such Government;

(iii) "relief organisation" means any organisation specified in the Schedule appended to this Act.

Section 3. Unlawful possession of gift goods

3. Unlawful possession of gift goods.- If any person is found, or is proved to have been, in possession of any gift goods reasonably suspected of being stolen or unlawfully obtained, and cannot account satisfactorily how he came by the same, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

Section 4. Offence under the Act to be cognizable

4. Offence under the Act to be cognizable.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Central Act V of 1898), any offence under this Act shall be deemed to be a cognizable offence within the meaning of that Code.

(2) No Court below that of a Magistrate of the First Class shall try any offence under this Act.

Section 5. Power to amend Schedule

5. Power to amend Schedule.- The Administrator may, by notification, add any organisation to, or omit any organisation from the Schedule and on the publication of such notification, such organisation shall be deemed to be included in, or as the case may be, omitted from, the Schedule.

Section 6. Notifications to be placed before the Legislature

6. Notifications to be placed before the Legislature.- (1) Every notification issued under this Act shall come into force on the day on which it is published.

(2) Every notification issued under this Act shall, as soon as possible, after it is issued, be placed on the table of the Legislative Assembly of Pondicherry, and if, before the expiry of the session in which it is so placed, or the next session, the Legislative Assembly may make such modification in any notification or decide that the notification should not be issued, the notification shall thereafter have effect in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

Schedule

Schedule

THE SCHEDULE

[See section 2(2)]

1. United Nations Children's Fund (UNICEF).

2. Co-operative for American Relief Everywhere (CARE).

3. Church World Service.

4. Lutheran World Relief.

5. Catholic Relief Service.