Tamil nadu act 005 of 1950 : Tamil Nadu Jute (Control of Prices and Sales) Act, 1950

Preamble

1[Tamil Nadu] Jute (Control of Prices and Sales) Act, 1950*

[Tamil Nadu Act No. 5 of 1950]2[25th April, 1950]

An Act to provide for controlling the prices and sales of jute in the 3[State of Tamil Nadu].

Whereas it is necessary to provide for controlling the prices and sales of jute in the 3[State of Tamil Nadu]; It is hereby enacted as follows:-

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, 1969.

2. For Statement of Objects and Reasons, see Fort St. George Gazette dated the 10th January, 1950, Part IV-A, page 9 and Fort St. George Gazette, dated the 14th March, 1950, Part IV-A, page 117.

This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli 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) repealing the corresponding law in force in that territory.

3. This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

* Received the assent of the Governor on the 1st April, 1950; first published in the Fort St. George Gezette on the 25th April, 1950

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the 1[Tamil Nadu] Jute (Control of Prices and Sales) Act, 1950.

(2) It extends to the whole of the 3[State of Tamil Nadu).

(3) It shall come into force at once.

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, 1969.

3. This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

Section 2. Definitions

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context-

(a) "Jute" means the fibre of any plant belonging to any species of the genus corchors and commonly called pat, kosta, nalia or ??? and includes the fibre of the plant hibiscus cannabinus, commonly called mesta;

(b) "pucca bale" means a package containing any jute or jute cuttings (whether containing any waste product or moisture or not) pressed by any hydraulic or power-driven machinery and commonly known in the jute trade as a pucca bale;

(c) "raw-jute" means jute which has not been sub-jected to any process of spinning or weaving and includes jute or jute cuttings whether loose or packed in bales or drums and whether containing any waste product or moisture or not;

(d) "surplus raw jute" means raw jute in the possession or control of any person in excess of the quantity for which he holds for the time being a valid export licence under the Imports and Exports (Control) Act, 1947 (Central Act XVIII of 1947);

(e) "waste product" means strippings, odd filaments or fragments, droppings, sweepings or other waste products of jute, and includes articles commonly known in the jute trade as hiji biji.

Section 3. Maximum prices

3. Maximum prices.- (1) The State Government may, by notification in the *Fort St. George Gazette, fix the maximum prices which may be charged for pucca bales, or for surplus raw jute (not being yucca bales).

(2) Different maximum prices may be fixed under sub-section (1)-

(a) for pucca bales, according to the quality, variety or trade description of the jute or jute cuttings contained therein; and

(b) for surplus raw jute (not being pucca bales) according to the quality, variety or trade description thereof.

* Now the Tamil Nadu Government Gazette.

Section 4. Prohibit of sales and purchases at prices exceeding the maximum prices

4. Prohibit of sales and purchases at prices exceeding the maximum prices.- No person shall sell, or agree to sell, or offer to sell, and no person shall buy, or agree to buy, or offer to buy, any pucca bale or any surplus raw jute (not being a pucca bale) at a price exceeding the maximum price fixed therefor under section 3.

Section 5. Power of State Government to issue directions in respect of surplus raw jute

5. Power of State Government to issue directions in respect of surplus raw jute.- The State Government may, by order in writing, direct any person having any surplus raw jute in his possession or control, to sell such surplus raw jute or any portion thereof to any specified person or persons at a price not exceeding the maximum price fixed-therefor under section 3.

Section 6. Power to require information, etc.

6. Power to require information, etc.- The State Government may, by order-

(a) require any person to give any information to his possession with respect to any business in jute carried on by him or by any other person

(b) authorize any officer to inspect any books or other documents belonging to or under the control of any person and relating to any business in jute, or cause any such books or documents to be inspected;.

(c) authorize any officer to enter and search any premises and seize any pucca bales or surplus raw jute in respect of which he has reason to believe that any provision of this Act has been, is being, or is about to be, contravened, or to cause such entry, search and seizure to be made.

Section 7. Delegation of powers

7. Delegation of powers.- The State Government may authorize any officer to exercise any power conferred on them by section 5 or section 6.

Section 8. Penalties

8. Penalties.- Whoever-

(a) contravenes any of the pro visions of this Act or any order made thereunder, or

(b) when required by any order made under clause (a) of section 6 to give any information, refuses or fails to give such information or gives any information which is false in any material particular and which he knows or has reason to believe to be false, or does not believe to be true, or.

(c) conceals, destroys, mutilates or defaces any book or document of the nature referred to in clause(b) of section 6, or

(d) voluntarily obstructs any officer in the exercise of his powers under this Act,

shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

Section 9. Offences by corporations

9. Offences by corporations.- Where a person committing any offence punishable under this Act is a company or an association or a body of persons, whether incorporated or not, the director, manager, secretary agent or other principal officer managing the affairs of such company, association or body shall be deemed to be guilty of such offence.