Kerala act 006 of 1963 : The Kerala Gift Goods (Unlawful Possession) Act, 1963 (No.6 of 1963)

Department
  • Department of Law
Summary

NO

Enforcement Date

11 Nov 1964

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1- , THL KERALA GIFT GOODS (UNLAWFUL POSS~SSION)

ACT, 1963

(Act 6 of 1963)

CONTENTS

Preamble. -·f Sections.

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1. Short title, extent and commencement.

2. Defimtions.

3. Unlawful possession of gift goods.

4. Offences under the Act to be cognizable.

5. Power to amend Schedule

6. Notification to be placed before the Legislative A~sembly. The Schedule

ACT 6 OF 1963 *

THE KERALA GIFT GOODS (UNLAWFUL POSSESSION)

ACT, 1963

An Act to prov!de for the pumshment of the ojJence o• unlawfuljJosscsnon oj gift goods supjJhed by certain rclzif orgam.satzons. Prcamble.-WHLREAS it IS ehped1ent to provide for the punishment of the offence of unlawful possession of gift goods supp!Jed by certain relief orgamsatious ;

BE 1t enacted m the Thirteenth Year of the Republic of India as follows:-

1. Short wle, extent and commcncement.-(1) Th1s Act may be called the Kerala G1ft Goods (Unlawful Possession) Act, 1963.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once.

2. Difzmtzons.-Jn tlus Act, unless the context othet wise requHes-.

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

(a) corn-meal ;

(b) milk powder ;

(c) vegetable oil (soya bean ml or sunflowe1 seed od) supphed, by way of gift, by any relief organisatton to any State Government or to the Central Government or to any other person on behalf of such Government ;

* Recetved the assent of the Governor on 30th January 1963. Pubhshed in the Gazette Extraordmary dated 3lstJanuary 1963 .

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(2) " t elief ot gamsation " means any organisation specified 111 the Schedule.

3. Unlawful possrsszon of gift goods.-If any person IS found, or is proved to have been, in possession of any gift goods reasonably suspected of bemg stolen or unlawfully obtamed, 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. 'f

4. Offences under the Act to be cogmzablc.-( I) Notwithstanding anythmg contamed m the Code of Crimmal P10cedure, 1898 (Central Act 5 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.

5. Power to amend Schedule.- The Government may, by noti- fication in the Ga;.ette, add any organisation to, vr omit any orgamsa- tiOn from, the Schedule; and on the publicatiOn of such notification, such orgamsation shall be deemed to be included in, or as the case may be, omitted from, the Schedule.

6. J'lotifzcatwn to be placed before the Legzslatwe Assembly.-Every notification issued under this Act shall be laid, as soon as may be, after it 1s Issued, befm e the Leg•slatJve Assembly while 1t 1s m session for a total period of fourteen days wh1ch may be compnsed in one sess1on or in two successive sesswns, and if, before the expiry of the session in which It is so laid, or the session immediately following, the Legislative Assembly makes any modifi:::ation in the notification or decides that the notificatiOn should not be 1ssued, the notificatton shall thereafter have effect only m 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 prev1ously done under that notification.

THE SCHEDULE

[See section 2 (2)] l. United Nations International Ch1ldren Emergency Fund

(UNICEF).

2. Co-operative for American Relief Everywhere (CARE.J.,

3. Church World Service.

4. Lutheren World Relief.

5. Catholic Relief Service. )..., '

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SECTIONS