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ACT 18 OF 1959
THE KERALA LIME SHELLS (CONTROL) ACT, 1957
An Act to provide for the control of the acqu1"sition, sale, 1upply and distribi.Ltion of lime-shells in the State of Ktrala. Preamble.-WHEREAS 1t is expedient to provide for the control of the acqursition, sale, supply and d'strJbutiOn ofhmeshells m the State of Kerala,
BE 1tenacted m the Ninth Year of the Repubhc of Inrl1a. as foUows:-
1. Short title, e~tent and com:nt~11cement.-· ( 1) ThtM Au~ ma.y Le called the Kerala Lnne-sheHs (Control) Act, 1958.
(2) It extends to the whole of the State of Kel'ala {3} Thts sect1on shall come into force at once, and the Govern- ment may, from time to time, by nottficat10n m the Ga-zette, direct that the rest of this Act shall come mto force 111 the whole or any portwn of the State w1th effect from such date as may be spec1ned in the notification
2. Definitions. - (I) In th1s Act, unless the context otherwise requues.-
(a) "dealer" means a person carrymg on., mther personally or through any other person the busmess of sellmg hme shells, whether whoJosale or retatl,
(b) " Licensing Authonty" means an officer appomted by the Government to perform the functwns of a Lteensmg Authonty under this Act,
(c) ''Lime-shells .. means the shells of all varteties of shellfish by whatever name called,
(d) "offer for sale" mcludes an intima·tton by a dealer or pro- ducer of the price proposed by him for a sale of hme-shells made by the pubhca.tion of a prtce ltst, by exposmg Jus hme.shells for sale in assocJ.a· t10n wtth a mark md icating pnce, by the furmshmg of a quotation or ·otherwise howsoever,
(e) "prescribed" means prescribed by rules made under t]us Act,
(f) "producer" means a person carrying on the busmess of coUectmg hme-sheUs and stockmg the same for sale. (2} A dealer or prorlucct shall be deemed to be in poss<'ssion of lime-shells.- •
(a) '"hen they are held on his behalf by another person;
(b) notw1thstandmg that they are mortgaged to another person.
3. Licensing of dealers and producers.- (I) No person other than a dealer or producer licensed under this sectiOn, ~;hall carry on the busmess of selling hme.shells or of collectmg hme-shetls and stocking the same for sale.
Published in the Gazette Rxtraordlnuy dated 26th March 1958
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(2) E,·ery person, who carncs on or "'ishes to ca.rry on, the busmess of selhng hmc-sbelfs or of collectmg hme-shells and stocking the same for sale, shaH make an application m the presrnbed form for a. licence to the Ltcensmg Authority.
(3) The L1censmg Authority may grant a licence in such form and subJeCt to such terms and condtt10ns as may he prescnbed, or may refuse to grant a. hcence, m wh1ch case hE' shall communicate hts reasons for such refusal to the applicant.
(4} Th<> L1censing AuthoTJty may, at any t.1me durmg the currency of a hcence, rcscmd the licence by order m wntmg to the hccnce holder, for a•breach of any of the terms anrl oondtttonq of the licence.
(5) Any person a.ggneved by an order of the L1censing Authonty under sub sectton (3) or sub sect10tT (4) ma.y appea.l to such authortty, and "tthm such t1me, and in such form , as may be prescnbed, the appeal shall bo he1ud by the prescnbed a.uthonty m such manner as m~y be prescnbed, a.nd the decLSJOn of that authortty on the appeal shall be final.
4 Fu;tng of m!.tXimum p1 icu and maximum qu.antttiu whtch may be held ot sold.-( 1) The G<>vernment may, by notificatiOn m the Gazette, fiix m 1espect of hme-she1ls-
(a) the ma.xunum pnce or rate which may be charged by a dealer or producer,
(b) thr maXJmum quanttty which may at any one time be possessed by a dealer or producer,
(c) the ml'n .. 1mum quant1ty which may in any one transactiOn be sold to any one peTson.
(2} The pnces or rat-es and the quantities fix.ed 111 respect of
•ltme-shellS UI'tder t}HS f>eCtiOn may be rufferent lJl dtffetent locahtteS Or for dlfferut classes of dealers or producers .
G. Restrtctwns on 'lale, elc., w"e1e maxtmum is fi.xtcl u11der 6edcian 4.- No dealer or producer hcensed under th•s Act shall-
(a.) sell, agree to selJ, offer for sale o\ otherwtsP dLspose of lune- ehclls for a pr1ce or at a ra.te exceedmg the ma.xtmu ra fixed uy notifica- tion under cla.uc;e (a) of sub-&eetton ( 1) of sectton 4-,
(b) hl\YC m Jus p!lc..se<;.&ron a l any one ttmc .1 quan tzty of hme- shel1s exceedmg the tna)l.tmum fixed by nottfi.caLIUn 1.111der cln.usc (b) of sub-sect•on (l) of sc(,tJoa 4, or
(c) sel'l, agree to seiJ or offer for sale to any person .La a.oy ono t 1 nnsac,t10n a quantity of bme-shells exceedmg the maximum fixed by uottficahon under dause (c) of sub-sectiOn (1) of sectiOn 4
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6. Du'y to declare possission of txetS'l Block$ - Any dea.ler or producer licensed nnder this Act, having m his possession a qun.nt1ty of Jime-sheHs excecdmg tl1a.t permJtted under thiS Act, sha.ll forthwith report the fact to the L1censing Autbor1ty and shaH take such action as to the storage, chstnbutaon or disposal of the excess quantity a.s the I ... icensmg Authority ma.y direct,
7. Rejmal to sell.-No dealer or producer licensed under t hjs Act shall. unless perviously authonsed to do so by the Licen<3mg Authonty, refuse, w1thout suffic1ent cause, to sell to nnv person lime-shells w1tbin the Jim1ts as to qu
Explanation.-The possibility or expert:1.t10n o( obtaining fl. b1ghcr price for hme-shells at a later da.te shall nob be deemed to hC' a suffit'ient cause for the purposes of th1s section.
8. Cash memora11dum to be given.-(1) Every dea.l~r or prodncer licensed under this Act, ~hen selling Jime-shells for cnsh shall, if the amount of the purchase lS five rupees or more. in all C3S('S, ~md tf the amount of the purchase is less than five rupees, when so reqmred by the purchaser, give to the purchaser a. ca.sh memorandum conta.inmg such particulars of the transactton as may be prescnbed.
(2) The Government may, by notJfie&tton m the Gazette, exempt specified areas or classes of dea.lers or producers licensed under this Act from the operation of th1s sectiOn
S. Proh.ibiti.
1t is necessary or exped1ent eo to do, they ma.y by ol'der m wntmg-
(a) proh1b1t the d1sposal of 1Jme-sJ1ells except m such cJrcnm- ijtances and under such condtttOns as may be specified m the order
(b) drrect the ~;ale of JJme-shells to any such dealer or class of dealers licensed under th1s Act and m such quantttics a.a may be specifi- ed m the order,
and may make such further orders as appear to them to be necessary or e~ped tent in connectiOn w1th a.ny order issued under th1s section.
10. Ptnalitt>s - (I ) Whoever contravenes any of the proviaJons of thts AGt or nny of the terms and cond1t1ons of a. hcenct" 1ssued under this Act or any directwns made under author1ty conferr<'d by this Act, shaH be punishable wtth unprisonment for a. term w1th m~~>y extend to six months, or w1th fine, or wtth both .
(2) A court convJCtmg any person of any offence pumsha.ble unde r this Act may order thnt the stock of lime-shells m respect of which the offence was committed a.nd any property involved m or uti1is- ed for the comm1ssion of such offence shall be forfeited to the Govern- ment .
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11. OJ!tnUst. by companies.-( l) If the person contra.vemng the provisions of tins Act 1s a. company, every peraon, who, at the time the cont.1'AventJOn \\'a !S committed was m charge of and \\o&S responsible to Lhc eompnny for the conduct of the busmess of the company as "c11 as the company, shall be deemed to be guilty of the contr.l.ventJOn and shall be liable to be proceeded agamst and punished accordmgly:
ProvJded that nothing contained JD th1s sub-section shall render any such person hable to any pumshment if he proves that the con- tr~\ventton took place \\ 1thout Ins knowledge or that he exercised atr due diligence to prevent such contravent10n.
(2) Notwithstandidg anything contamed in sub-sect:ton (l L where an offence under th1s Act has been comm1tted by a company and it 1s proved that the offence has been committed with tha consent or <'onn1vance of. or ts attnbutable to any neglect on the pal't 'Of any dtrector, manager, secretary or other officer of the company, such d trector, manager, secretary or other officer shall also be deemed to be gu1lty of tl1nt offence and shall be hable t.o be proceeded agamst and pumshcd accordmgly.
ExplaMtron.-For the purposes of th1s eection-
(a) "company" means any body corporate, and mcludes a firm OJ' other a:ssot'iation of indlvldtlals, nnd
(b) "director" , m relatton to a firm, means 1\. partner m the firm
12 Offences under the Act to bt cognisa-ble.- Not"'1th standmg anything contamed in the Code of Crimmal Procedure, 1898 (Central Act V of 1898) a.IJ offences under tlus Act sha.ll be cogmsable ..
13. Pro'ctdure.-No person other than a pubce officer of or above the rank of au Inspector of Pohce shall mvestigate any offence under this Act.
, 14.Powers of search and setzure.-Any person competent to mvestJgat& any offence under this Act may seareh any place m which he has reason to beheve that an offence under this Act has been, or ts bemg, or Js about to be, comm1tted and take possess10n of a.ny stock of l1me-sheJls in respect of\\ b1eh the offence has been, or is bemg, or 1.s about to be. comm1tted and any property mvolved in or utiltsed for the commtssion of such offence
l5. Protectwn of a.rt ion taken in good Jatth .-No Smt, prose- cutlOn or other legal pro(')eerlings shn.IJ he agamet any perwn for anyth~ mg whtch IS m good fattll done or mtended to be done under thts Act.
16. Ext>mpttons.-(1) The provtswns of th1-> Act shall not apply to the collectiOn, stockmg or selling of hme-shell .. by any person a_s curtos or for makmg ornaments.
(2) SubJect to such condttions and restrictions a.s the Govern- m<>nt ma.y thmk fit to tmpose, they may, by genera l or spec1a.l order
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notifierl in t he Gazctt.e, exempt from all or a.ny of the provisions of this Act, any person or class of persons who.-
(i} coll<"~t hme-shell and stock them for conversion into lime for use as an mgredient in chewmg mat<>r1al, or
(1i ) collect and sell hme-shells for the edtble content thereof.
17. Power to make rules. - (1) The Government may ma.kn rules to carry out the purposes of thts Act
(2) In part1cular and wathout prCJUdtce to t he genera.hty of the forcgomg power such rules may provide for all or a.ny of the followmg matter~, namely:-
(a) c1.ll matters expressly teqmred or a llowed by thts Act to be prescribed,
(b) the charging of fees for hcen'3es Issued under tlus Act,
(c) the mamtena.nce by hcen<.>ed dealers and p1•oducera generally or by any hcensed dealer and producer in particula t·, of records of all sale and purchase transactiOns or dtsposats made by hrm, and the product10n of such records to the Lrccnsmg Authonty.
(d) the fumashmg of such information a.s may be reqmred by the Licensmg AuthorJty with respect to the bac;iness
{e) the furrushmg of returns to the L1cen3mg AuthQr,•ty by licensed dealers and producers and the pa.rttculars whtch such returns shall contain.
(3) All rules made under this Act shall be p u bJisbcd in t he Gazette.
18. Repeal.-The Trava.ncore-Cochm Lime-shells (ControJ) Act, 1956. 18 hereby repealed.
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