Telangana act 010 of 1965 : The Telangana Gift Goods (Prevention of Unlawful Possession) Act, 1965.

Section 1.Short title, extent and commencement.

(1) This Act may be called the ¹Telangana Gift Goods (Prevention of Unlawful Possession) Act, 1965.

(2) It extends to the whole of the ¹State of Telangana.

(3) It shall come into force on such date as the State Government may, by notification in the ¹Telangana Gazette, appoint.

1. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) "gift goods" means any of the following goods, namely:-

(i) cornmeal;

(ii) drugs, diet supplements, equipment and vehicles;

(iii) milk powder;

(iv) vegetable oil (soya bean or sun-flower seed oil);

(v) butter, butter oil, ghee and Hydrogenated vegetable oil;

(vi) pea beans;

(vii) cheese;

(viii) bulgur wheat;

(ix) gift paper;

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;

(x) such other goods as may be notified in the ¹Telangana Gazette by the State Government in this behalf;

(b) "relief organisation" means any organisation specifted in the Schedule;

1. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

Section 3.Sale, purchase, transport of gift goods without permission.

(1) No person shall sell or purchase any gift goods, and no person shall transport any gift goods save with the previous permission of such authority and subject to such conditions as may be specified.

(2) Any person who contravenes the provisions of sub-section (1) shall on conviction be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both.

Section 4.Unlawful possession of gift goods.

If any person is found, or is proved to have been, in possession of any gift goods shall, unless he proves that the gift goods came into his possesion lawfully, on conviction be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Section 5.Offences under this Act to be cognizable.

(1) Notwithstanding anything in the Code of Criminal Procedure, 1898¹ any offence punishable under this Act shall be a cognizable offence within the meaning of that Code.

(2) No court inferior to that of a Chief City Magistrate in the cities of Hyderabad and Secunderabad or of a Magistrate of the First Class elsewhere shall try any offence punishable under this Act.

1. See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Section 6.Power to amend Schedule.

The State Government for reasons recorded may by notification in the ¹Telangana Gazette, 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.

1. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

Section 7.Power to make rules.

(1) The State Government may, by notification in the ¹Telangana Gazette, make rules for carrying out the purposes of this Act.

(2) Any rule made under sub-section (1) may provide that a breach thereof shall be punishable with fine which may extend to fifty rupees.

1. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

Section 8.Notification and rules to be laid before the Legislature.

Every notification made under clause (a) of section 2 or under section 6 or every rule made under this Act, shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for the total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the notification or rule or in the annulment of the notification or rule, the notification or rule shall thereafter have effect only in such modified form or stand annulled as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that notification or rule.