Tamil nadu act 028 of 1949 : Tamil Nadu Jute Goods Control Act, 1949

Preamble

[1[Tamil Nadu] Jute Goods Control Act, 1949]*

1[Tamil Nadu Act No. 28 of 1949]2[14th December, 1949]

An Act to provide for the regulation of the production, supply and distribution of jute goods in the 3[State of Tamil Nadu].

Whereas it is necessary to provide for the regulation of the production, supply and distribution of jute goods in the 3[State of Tamil Nadu]; It is here by 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 Gazettexs Extraordinary, dated the 17th November, 1949, Part IV-A, page 475.

3 This expression was substituted for the expression "Province of Madras" by paragraph 3(2) of the Tamil Nadu Adaptation of Laws Order, 1970.

* Received the assent of the Governor-General on the 10th December, 1949; first published in the Fort St. George Gazette Extraordinary on the 14th December, 1949

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the 1[Tamil Nadu] Jute Goods Control Act, 1949.

(2) It extends to the whole of the 4[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.

4 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. Definition

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

(a) "Controller" means the Jute Controller appointed by the 5[State] Government under section 3;

(b) "jute goods" includes all jute manufactures.

5 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Section 3. Appointment of Controller

3. Appointment of Controller.- The 1[State] Government may, by notification in the *Fort St. George Gazette, appoint any person to be the lute Controller for the 2[State].

1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

* Now the Tamil Nadu Government Gazette.

2 This word was substituted for the word "Province" by ibid.

Section 4. Powers of Controller to control production, supply distribution of jute goods

4. Powers of Controller to control production, supply distribution of jute goods.- (1) Subject to the control of the 1[State] Government, the Controller, so far as it appears to him to be necessary or expedient for regulating, maintaining or increasing the production, supply or distribute of jute goods, may, by order in writing-

(a) require any person holding a stock of jute goods to sell the whole or a specified part thereof at such prices and to such person (including the Central or 1[State] Government) or in such circumstances as may be specified in the order;

(b) require any person engaged in the production of jute goods to comply with such directions as may be specified in the order as to the type, Quality or quantity, of the jute goods to be produced or delivered by him from time to time.

(2) Any person to whom an order is issued under sub-section (1) shall comply with such order, notwithstanding anything inconsistent therewith contained in any contract or other instrument to which he is a party.

1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Section 5. Penalties

5. Penalties.- If any person contravenes any order issued to him Penalties by the Controller under section 4, he shall be punishable with imprisonment for a ??? which may extend to three years or with fine or with both.

Section 6. Offences by corporations

6. Offences by corporations.- If the person contravening an order issued by the Offences by Controller under section 4 is a company or other body corporations, corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention be deemed to be guilty of such contravention.

Section 7. Cognizance of offences

7. Cognizance of offences.- No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by the Controller.

Section 8. Protection of action taken under the Act

8. Protection of action taken under the Act.- (1) No suit, prosecution or other legal proceeding shall lie against any person (including the Controller) for anything which is in good faith done or intended to be done in pursuance of any order issued under section 4.

(2) No suitor other legal proceeding shall lie against the 1[State] Government, the Controller or any other person, in respect of any damage caused or likely to be caused by anything which is in good faith dons or intended to be done in pursuance of any order issued under section 4.

1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Section 9. Repeal and saving

9. Repeal and saving.- (1) The Madras Jute Goods Control Ordinance, 1949 (Madras Ordinance X of 1949), is hereby repealed.

(2) Notwithstanding such repeal, any notifications or orders issued, action taken, or thing done in the exercise of any power conferred by or under the said Ordinance shall be deemed to have been issued, taken or done in the exercise of the powers conferred by or under this Act as if this Act had come into force on the 5th day of November, 1949.