GIFT GOODS (UNLAWFUL POSSESSION)
ACT, 1963
(Act No. XL of 1963)
GIFT GOODS (UNLAWFUL POSSESSION) ACT, 1963 269
THE JAMMU AND KASHMIR GIFT GOODS (UNLAWFUL
POSSESSION) ACT, 1963
(Act No. XL of 1963)
CONTENTS
Preamble.
Section.
1. Short title, extent and commencement.
2. Definitions.
3. Unlawful possession of gift goods.
4. Offences under this Act to be cognizable.
5. Power to amend Schedule.
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GIFT GOODS (UNLAWFUL POSSESSION) ACT, 1963 271
THE JAMMU AND KASHMIR GIFT GOODS (UNLAWFUL
POSSESSION) ACT, 1963
(Act No. XL of 1963)
[Received the assent of the Sadar-i-Riyasat on 16th October, 1963 and
published in Government Gazette dated 17th October 1963.]
An Act to provide for the punishment of the offence of unlawful possession
of gift goods supplied by certain relief organisations.
Be it enacted by the Jammu and Kashmir State Legislature in the Fourteenth
Year of the Republic of India as follows:––
1. Short title, extent and commencement.—This Act may be called the Jammu
and Kashmir Gift Goods (Unlawful Possession) Act, 1963.
(2) It extends to the whole State.
(3) It shall come into force at once.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “gift goods” means any of the following goods namely,––
(i) cornmeal ;
(ii) milk powder ;
(iii) vegetable oil (soya bean 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 ;
(b) “relief organisation” means any organisation specified in the Schedule
to this Act.
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.
272 GIFT GOODS (UNLAWFUL POSSESSION) ACT, 1963
4. Offences under this Act to be cognizable.—(1) Notwithstanding anything
contained in the Code of Criminal Procedure, Samvat 1989, any offence under this
Act shall be deemed to be cognizable offence within the meaning of that Code.
(2) No Court below a 1[Judicial Magistrate] of the first class shall try any
offence under this Act.
5. Power to amend Schedule.—The Government may, by notification, add
any organisation to or omit any organisation from, the Schedule and on the publi-
cation of such notification, such organisation shall be deemed to be included in or,
as the case may be, omitted from the Schedule.
THE SCHEDULE
[See section 2 (b)]
1. United Nation International Children Emergency Fund (UNICEF).
2. Co-operative for American Relief Everywhere (CARE)
3. Church World Service.
4. Lutheran World Relief.
5. Catholic Relief Service.
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1. Substituted by Act XL of 1966.