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THE TRAVANCORE-COCHIN LIME-SHELLS (CONTROL)
ACT, 1956.
(President's Act No. XI of 1956)
CONTENTS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Licensing of dealers and producers.
4. Fixing of maximum prices and maximum quantities which may be held or sold.
5. Restrictions on sale, etc., where mnximwn is fixed under section 4.
6. Duty to declare possessio11 of excess stock:~.
7. Refusal to sell.
8. Cash, memorandum to be given.
9. Prohibition of sale, etc.
10. Penalties.
11. Offences by companies.
12. Procedure.
13. Powers of search and seizure.
14. Protection of action taken in good faith.
15. Exemptions. THE TRAVANCORE-COCHIN LIME-SHELLS
(CONTROL) ACT, 1956
No. XI OF 1956
ENACTED BY THE PRESIDENT IN THE SEVENTH YEAR OF
THE REPUBLIC OF INDIA
An Act to provide for the control of tho acqui8ition, Bale, supply and di8tribution of lime-shells in the State of Trava~ care-Cochin.
In exercise of the powers conferred by section 3 of the Travancore-Cochin State Legislature (Delegation of Powers) Act, 1956 (29 of 1956), the President is pleased to enact as follows:-
1. (1) Short title, extent and commencement. (1) This Act may be called the Travancore-Cochin Lime-shells (Control) Act, 1956.
(2) It extends to the whole of the State of Travancore- Cochin.
( 3) This section shall come into force at once, and the Government may, from time to time, by notification in the Gazette, direct that the rest of this Act shall come into force in the whole or any portion of the State with effect from su~h date as may be specified in the notification. ---------------------------Republished m the Gazette Extraordinary dated 31Bt October, 1956.
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2. Definitions. (1) In this Act, unless the context other- wise requires,-
(a) "dealer" means .a person carrying on, either perso- nally or through any other person the business of selling lime- shells, whether wholesale or retail;
(b) "Licensing Authority" means an officer appointed by the Government to perform the functions of a Licensing Authority under this Act;
(c) "Lime-shells" means the shells of all varieties of shell fish by whatever name called;
(d) "offer for sale" includes an intimation by a dealer or producer of the price proposed by him for a sale of lime- shells-made by the publication of a price list, by exposing his lime-shells for sale in association with a mark indicating price, by the furnishing of a quotation or otherwise howsoever;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "producer" means a person carrying on the busi- ness of collecting lime-shells and stocking the same for sale. ( 2) A dealer or producer shall be deemed to be in posses- sion of lime-shells-
(a) when they arc held on his behalf by another person ;
(b) notwithstanding that they are mortgaged to another person.
3. Licensing of dealers and producers. (1) No person other tb.an a dealer or producer licensed under this section, shall carry on the business of selling lime-shells or of collect· ing lime-shells and stocking the same fo£" sale.
(2) Every person, who carries on or wishes to carry on, the business of selling lime-shells or of collecting lime-shells and stocking the same for sale, shall make an application in the prescribed form for a licence to the Licensing Authority.
(3) The Licensing Authority may grant a licence in such form and subject to such terms and conditions as may be pres- cribed, or may refuse to grant a licence, in wluch case be shall communicate his reasons for such refusal to the applicant.
(4) The Licensing Authority may, at any time during the cmTency of a licence, rescind the licence by order in writing to the licence holder, for a breach of any of the terms and conditions of the licence.
(.5) AJJ.y person .aggneved by an order of the Licensing Authority under sub-section (3) or sub-section (4) may appeal to such authority, and within such time, and in such form, as may be prescribed, the appeal shall be beard by the prescribed authority in such manner as may be prescribed ~nd the decision of that authority on the appeal shall be final:
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4. Fixing of maximmn prices and maxtmum .. quatt ut~s which may be held or sold. (l)The GovC"rnment may, by noti- fication in the Gazette, fix m respect of hme-shells,-
(a) the maximum price or rate which may be charged by a dealer or producer;
(b) the maximum quantity which may at any one time be possessed by a dealer or producer;
(c) the maximum quantity which may in any one transaction be sold to any one person.
(2) The prices or rates and the qunntitie:~ fixed in ;espect of lime-shells under this section may be different in different localities or for different classes of dealers or producers.
5. Restrwtions on sale, etc., where maximum is fixed under section 4. No dealer or producer licensed under this Act shall-
!" (a) sell, agree to sell, offer for sale or otherwise dispose of lime-shells for a price or at a rate exceeding the maximum fixed by notification under clause (a) of sub-section (1) of section 4;
(b) have in his possession at any one time a quantity of lime-shells exceeding the maximum fixed by notification under clause (b) of sub-section (1) of section 4; or
(c) sell, agree to sell or offer for sale to any person in any one transaction a quantity of lime-shells exceeding the maximum fixed by notification under clause (c) of sub-sec- tion ( 1) of section 4.
6. Duty to declare possession of excess stocks. Any dealer or producer licensed under this Act, having in his possession a quantity of lime-shells exceeding that permitted under this Act, shall forthwith report the fact to the Licensing Authority and shall take such action ns to the storage, distribution or disposal of the excess quantity as the Licensing Authority may direct.
7. Refusal to sell. No dealer or producer licensed under this Act shall, unless previously authorised to do so by the Licensing Authority, refuse, without sufficient cause, to sell to any person lime-shells within the limits ne to quantity, if any, imposed under this Act.
Explanation.-The possibility or expectation of obtaining a higher price for lime-shell at a later dnte shall not be deemed to be a sufficient cause for the purposes of this section.
8. Cash memorandum to be given. ( 1) Every dealer or producer hcensed under thts Act, when selling lime-shells for cash, shall, if the amount of the purchase is five rupees or more, in all cases, and 1f the amount of the purchase is less than five rupees, when so required by the purchaser, give to the purchaser a cash memorandum containing such particulars of the transaction as may be prescribed.
(2) The Government may, by notification in the Gazette e_?Cempt specified . areas or classes of dealers or producers hcensed under th1s Act from the operation of this section. 34-781
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9. Prohibition of sale, etc. If, m the opinion of the Govern- ment, it is necessary or expedient so to do, they may by order m writing,-
(a) prohibit the disposal of lime-shells except in such circumstances and under such con.:httons may be specified in the order;
{b) direct the sale of lime-shells to any such dealer or class of dealers licensed under this Act and in such quantities as may be specified in the order,
and may make such further orders as appears to them to be necessary or expedient in connection with any order issued under this section.
10. Penalties. ( 1) Whoever contravenes any of the provisions of this Act or any of the terms and conditions of a licence issued under this Act or any directiOns made under authority conferred by this Act, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
(2) A court convicting any person of any offence punish- able under this Act may order that the stock of lime-shells in respect of which the offence was committed and any property involved in or utihsed for the commissiOn of such offence shall be forfeited to the Government.
11. Offences by companies. (1) If the person contraven- ing the provisions of this Act is a company, every person, who at t!he time the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his know- ledge or that he exercised all due diligence to prevent such contravention.
( 2) Notwithstanding anything contained in sub-section (1), where an off~n~e under this Act has been committed by a company and 1t 1s proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purposes of this section,-
(a) "company" means any body corporate, and includes a firm or other association of individuals; and ~I
. (b) "director", in relation tc a firm, means a partner m the firm. ~ ·
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12. Procedure. No person other than a police officer of or above the rank of an Inspector of Police shall investigate any offence under this Act.
13. Powers of search and seizure. Any person competent to investigate any offence under this Act may search any place in which he has reason to believe that an o1fence under this Act has been, or is being, or is about to be, committed, and take possession of any stock of bme-shells in respect of which the offence has been, or is being, or is about to be, committed and any property mvolved in or utilised for the commission of such offence.
14. Protectwn of action taken in good faith. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
15. Exemptions. (1) The provisions of this Act shall not apply to any person who collects, stocks or sells lime-shells as curios or for making ornaments.
(2) Subject to such conditions and restrictions as the Government may think fit to impose, they may, by general or special order notified in the Gazette, exempt from all or any of the provisions of this Act, any person or class of persons who,-
( i) collect lime-shells and stock them for conver- sion into lime for use as an ingredient in chewing mate- rial; or
( ii) collect and sell lime-shells for the edible con- tent thereof.
16. Power to make rules. ( 1) The Government may make rules to can-y out the purposes of this Ac:t.
(2) In particular and without prejudice to the generality of the foregoing power, such rules mny provide for all or any of the following matters, namely:-
(a) all matters expressly required or allowed by this Act to be prescribed;
Act;
(b) the charging of fees for licenc,~s issued under this
(c) the maintenance by licensed dE•alers and producers generally or by any licensed dealer nnd producer in particular, of records of all sale and purchase tram;actions or disposals made by him; and the production of such records to the Licensing Authority;
(d) the furnishing of such information as may be re- quired by the Licensing Authority with respect.to the business carried on by any dealer or producer;
(e) the furnishing of returns to the Licensing Authority by licensed dealers and producers and the particulars which such returns shall contain.
(3) All rules made under this Act shall be published ln the Gazette.
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