Assam act 014 of 1990 : The ASSAM SERICULTURE (SILK-WORM SEED, COCOON AND SILK YARN CONTROL) ACT, 1987

680 THE ASS.AM GAZETI'E, EXTRAORDINARY AUG. 25, 1990 ASSAM ACT No· XIV OF 1990

(Received the assent of the Governor on 23rd, August 1990) , THE ASSAM SERICULTURE (SILK-WORM SEED.

COCOON AND SILK YARN CONTROL)

ACT, 1987.

Pre:linble. Short title, extent and commence• ment,

J)efinitiont. An

Act

to provide for regulating and controlling the commercial production of silkworm seed and marketing of cocoon and silk-yarn. Whereas it is expedient to provide for regu- lating and controlling the commercial production of silkworm seed ;;ind marketing and distribution of the cocoon and silk-yarn with a view to increasing production and matters ancilliary thereto :-· ··

It is enacted in the . Thirty-eighth Year.of the Republic of Inrlia as follows :-

I. (1) This Act may be called the Assam Sericulture ( Silk-wonn Seed, Cocoon and Silk- yarn Control) Act, I 987.

(2) It extends -- to the whole of Assam.

(3) It shall come into force at once.

2. In this Act unless the context other- wise requires-

'a) "Director" means · the Director of Sericulture., Assam.

" ..

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·THE ASSAM GAZJ;TTE, BXTRAORDINARY, AUG. 25, 1990 681

(b) "District Officer •' means an officer not below the rank of Assistant Director of Serjculture Department of Government of Assam·

(c) ''Cocoon" means cocoons produced by Mul- berry/Muga/Eri/Tasar Silk-worm either green c.r stifled, dried, or in any other state of condition and also include pierced Cocoons· (d)

· Explanation :

In this' clause •pierced Cocoons' means a cocoon from which moth has cut out.

"Cocoon Market" means a market esta- blished under Section 9 for the sale or pur- chase of Cocoons of all kinds intended for reeling and spinning.

(e) "Silk Market'' means market established under Section 9 for sale or purchase of Silk - yarn of all kinds after reeling and spinning.

(f) '(Government" means the State Government of Assam.

(g) ''Licence" means a licence granted under _this .Act.

(h) "Licencing authority" means the Director of Sericulture, Assam and may include any other officer appointed by the Govern- ment by notification in the Official Gazette to exercise all or any of the powers o:i; to perform all or any of the duties of a Lfoencing authority under this Act.

(i) ''Licenced buyer" means a person who is licenced to purchase cocoons in a Co- coon Market and to purchase silk·yarn in a Silk Market.

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682 fF~ ASSAM CAZET1'1:.: EXTRAORDINARY, AUG. 2S, 1990

(j) "Licenced seller" means a person who is licenced to sell cocoons in a Cocoon Merket and to sell silk-yam in l a Silk Market.

i....,. .. : ~~;r

I ~ · ';;:., <

(k) "Prescribed" means prescribed by rules made under this Act.

(1) ''Rearer" means a person engaged in rea- ring of silkworms for the production of silkworm cocoons, whether for reproduction or reeling and spinning.

(m) ''Rearing'' means all operations from the incubation of silkworm egg and ·brushing of silkworms till the harvesting of cocoons.

(n) ''Silkworm', includes Mulberry silkworm, Tasar silkworm, Muga silkworm and Eri- silkwo rm.

(o) "Silkworm Seed" means silkworm cocoons, moths, egg or young, silk-worms of what- ever description intended to be used for the purposes of re-production or rearing. Regulation 3. (1) A bonafide rearer who is traditionally of produc· d . .

tionetc. engaged in repro ucmg stlk"'.worm cocoons whether of Silks d for reproduction or reeling or spinning, the quantity rmwo ee • of which is equal or less than the limit prescribed for house-hold purposes shall be deeJJlad to have produced for domestic consumption and may use seed cocoons from the department or from any other source. · ·

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THE ASSAM GAZETTE. EXTRAORDlM,ARY. AUG. 2~, 1'~0 683 -,

• ::. J,. .. -- - (2) Save as provided in sub-section ( 1) a rearer producing silk-worm cocoons whether for reproduction or reeling or spinning for commercial purpose shall use seed cocoons from the department or from any rearer cer- tified by the department or from a per- son who holds a licence under this Act :

Provided that the Market Officer may issue or cause to be issued identity card or licence to the bonaifide rearers who produce cocoons for domestic purposes if such reuers desire to have identity card/ licence for selling their production in the silkyarn market. - · - -

(3) No person rearing silk-worms for producing seed cocoons for commercial purposes shall pr.oduce, store, transport, sell or otherwise distribute silk-worm seed except in accor- dance with the terms and conditions of __ , ::->_ . licence issued under : this Act. ~~~~~a⁰_r_ ~- ... 4. _ (i) , Except bonafied rearers who produce silk-worms· seed for house hold purposes

as provided in su~section (I) of Sec-

tion-3 a person shall sell or agree to

- .2 :· - ~ sell or purchase reeling cocoon only in It egulation of

d iaposal of

Silk-worm .

cocoons. _

(ii)

a ,. cocoon market estab!ished under this

Act.

Where a cocoon market is established

in any area no person shall use or per-

mit to use, assits in the use of any buiJ -

_, ding, enclosure, vehicle, vessel or place

in such area for the sale and purchase

of ~ r~eling cocoons or_ in any manner

trade or abet the sale or purchase of

reeling cccoon .

5. (i) No : person shall transport out of the

. State reeling cocoons and silk-yarn ex- cept under a permit issued by the Di- rectc r or any other officer not below the rank of District Officer of the Seri- culture Department authorised by him

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684· 'l}HE ASSAM GAZETTE. EXTRAORDINARY AUG. 2S, 1990 (ii)

in this - behalf, and with such term• and conditions and on payment of such fees as may be -prescribed.

Any p~fmit used under sub-section (1) riiay be cancelled by the officer aforesaid for breach of any terms and conditions subject to which it was issued or for any other reasons to be recorded in

writing·

Regulaticn of ~ 8 a 1 .1 1 ek- 6. 1fl) No person shall -in any areas in ;r purchase of \:

worm cocoons. whicn a cocoon market is established

-,

--

~ ( 3)

under this Act- .

fa) sell or agree to sell:

(l:i} purchase or agree to purchase

silkworm cocoons except in such

market and in sucH manner Et.$

may be prescribed. ·

(2) -where a cocoon market is esta .. _ blished for any area no person shall, except in such cocoon market used or per- mit the use, assist in the use 9~. any buil- ding, room, tent, enclosure, vehicle, ves--. sel or place in sucH area for the sale or purchase of silkworm ~coon, or in any, manner aid or abet the sale or purcHase of silk-worm cocoonSi.

Tho Government shall de9lare every year a minimum support price for the cocoons and no bids shall be entertained or per~ mitted¹below the support price so fixed by the, GoverI1ment Market Officer in the auction.

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tHE ASSAM GAZETTE EXTRAORDINAHY. AUO. 25, 1990 685 H.cgulatio,n , 7. (1) No person shall transport out of the ~~sTi~a!~~~ State, Silkworm cocoons except under a permit Cocoon$ issued by the Director or any other officer of the Sericulture Department authorised by him in this behalf, a.nd with such terms and conditions and on payment of such fees as may be prescribed.

(2) Any permit issued under sub-section (1) may· be cancelled by the. officer aforesaid for breach of any terms and conditions subject to which it was issued or for any other reasons to be recorded in writing.

Application 8· Every application for thf' grant of a licence for under this Act shall be made to the LicencinCT Licence. o authority in the form as may be. · prescribed.

. :!stablish· . m~nt of~o . by coona mar-

kets and

Silkyarn

market

9. (1) The Government may, from time to time notification,

(a) Specify the places at which Cocoon markets, Cocoon stores and Silkyarn market, shall be located.

(h) ApJ?oint a Market Officer, and constit- ute a Committee consisting of one repre- sentative of rearers. and one from the liccnced buyers in-charge of Charka est- ablishments with . the Market Officer as Chairman for regulating the conduct of business in the Cocoon market and for the performance . of . such functions as may be determin~d by the Government:

Provided that the Director, or any officer not below the rank of District officer l f the Sericµlture Department authorised by him in ;. this behalf, shaH perform the functiqns of the Market Officer, until a Marker Officer is appoin- ted and of the Com,mittee until a co- mmittee

0

is I Cqnstituted Under this Clause.

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686 T~E . ASSAM GAZ.E1TE. EXTRAORDINAHY. AlJG. 2S, 1990

(c) Specify the Sericultural areas in the State to be served by cocoon market where silkworm cocoon produced within such areas shall be so Id.

. (2) All tratjsactions involving the sale or pur- chase of cocoons in a cocoons market shall be by open auction, the payment of the price shall be in cash and the cocoons shall be sold by weight a1id in number, as the case may be.

Power of 10. (1) The licencing authority or any officer iQspcctio11.. authorised by the licencing authority in writing on his behalf may with a view to securing com- pliance with this Act or with any rules or order made thertunder:-- ·

(a) Require any person licensed under this Act to furnish such information as may be specified.

(b) Inspect or cause to be inspected any return document or account book in the possession of a person, licensed under this Act.

( c) at All reasonable -times enter and inspect any land, building, vessel, vehicle_ or plac~ or a person licensed under this Act.

(d) At all reasonable times enter and search any land, building, vessel, vehicle or place wherein or in any part of which silkworm seed or cocoon or silk yarn is stored or is being transported, and seize or authorise any person to seize any silk- worm seed or cocoon or silk yarn inclu- ding any vessel, receptacle, apparatus, packages or covering in which such seed o.r cocoon or silk yarn is contained if the licencing authority has the konwledge or information given by any p~rson and taken down by him in writing that a contravention of this Act or of any rule

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THE ASSAM GAZETTE. EXTRAORDINARY, AUG. 2S, 1990 687

or order made thereunder has been or is being committed by a person licensed under this Act.

(~) Every owner, occupier or other person in- charge of any suc'h -land, building, vessel, vehicle or place ~hall give all reasonable facilities to the licencing authority or the officer aforesaid in carr- ying out his inspection under this section. Penalties 11. Any person who contravenes or fails to com- ply with all or any of the provisions of this Act or any rule or order made there under shall be punishable with imprisonment which may extend to 3 months or with fine which shall not be less than five hundred rupees but shall not exceed one thousand rupees or both. The court trying any such contravention may direct that silkworm seed ~ or cocoon or silkyarn or any vessel, receptacle, apparatus, package or covering containing the sam·e in respect of which the court is satisfied shall be forfeited to Government.

Compoun-

ding of

offences

12. (1) The Director or such officer as may be prescribed, may-

(a) accept by way of composition, from any person who committed or in respect of whom it can be reasonably inferred that he has committed, any offence under the provisions of this Act or the rules made thereunder, such sum of money not excee- ding tLc amount of fine payable for such offences as may be determined by the Director or sucJ-1 officer,

' (b; in all cases in which any property has been seized and is liable to confiscation under this Act, shall be released on pay- men t of the value thereof as estimated by the Director or such officer.

(2) On payment by such person the sum of money under sub-section (1) the person, if in cus- tody, shall be set at liberty, and all the properties ~~~================================~===========:::::::::::====-- ----r

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688 THE ASSAM GAZETTE. EXTRAORDINARY. AUG. 25, 1990

seized may be released and no proceedings shall be instituted against such e•rson in any criminal court. If any proceedings ill; any criminal court have been instituted against sach person in respect of the offence the a.cceptance of composition shall be deemed to amount to an acquital, and in no case any further proceedings shall be taken ci.gainst such person or p1·operty, with reference to the same act or in respect of the same offence.

Pr~vious 13. No prosecution shall be

sanction for S . l l . h h .

prosecution. ect10n . wit out t e previous Director.

instituted under

sanction of the

Offences 14-. (1) Where a person committing any offence, ~~nc,or~t~~a- punishable under this Act ' or any rule or order made thereunder is a Company or '1.n Association or a body of persons, whether incorporated or not every Director, Manager, Secretary, Agent or other officer or person concerned with the Management thereof, shall, unless he proved that the offence was committed without his knowledge or that he exercised all due deligence to prevent its commis1ion, be deemed to be guilty of such offence.

Offences by companies:-

(2) Where an offence under this Act has been committed by a company registered under the Com- panies Act, 1956 every person who , at the time of offence was committed, was incharge of, and was responsible to the company for the conduct of the business of the company as well as the compariy, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that nothing in this sub-section render any such person liable to any punishment if he · proves that the offence was committed without his knowledge or that he exercised all due deligence to prevent the commission of such offence.

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THE ASSAM GAZETTE, EXTRAORDINARY, AUG. 25, 1990 689

(3) Notwithstanding anything in sub-section ~l), where an offence under this Act has been commit- ted by a company and it is proved that the offence has been committed with the consent or conni- vance of or is attributable to any neglect on the part of any Director, Manager, Secretary o.r other officer of the company, shall also be deemed to be guilty of that offence and shall be liable to be pro- ceeded against and punished accordingly. EXPLANATION For the purpose of this

Section :-

(a) ''Company" means anybody corporate and includes a firm or other association of individu- als and-

(b) "Director" in relation to a firm means a partner in the firm.

Suspension 15 (1) The Director if satisfied that any person or cancella- · t!on of holding a licence under this Act, has contravened 1 icence. the provisions of this Act or the rules made there- under or any other terms and conditions of the

licence may, without prejudice to any punishment

under Section 11, after giving the person concerned

an opportunity of being heard, suspend or cancel

the licence granted to such person.

(2) Any person aggrieved by the order of sus- pension or cancellation of licences, may appeal to the Government within such time and such manner, as may be prescribed, and the decision of the Go- vernment on such appeal shall be final. Protection of l6 (1) N · · th d' Government . o smt, prosecution or o er procee mgs officers and.shall lie against ~ny officer or servant of the Go- servanta- vernment for any act done or purporting to be done under thts Act without the previous sanction of the

Government.

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-690__'!!!.E ASSAM q__AZETTE, EXTRAORDINARY, AUG, 25, 1990

(2) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceedings, if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act.

Exemption. 17. Nothing contained in this Act shall apply to any places where silkworm are reared and silk- yarn produced by any Department of Government.

P

18.(1) The Government may by nodftcation in ower to h ffi · 1 h make ruic1 t e 0 eta Gazette, make rules to carry out t e purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for :-

(a) The fr ,rm and manner in which applications for licences may be made and the fees for the grant of such licence.

(b) The terms and conditions which may be included in any Hence as well as the grant of duplicate lieences and the renewal of licences and the fees for the same.

(c) Apper ls from any order under this Act, the authority to whc m such appeals shall lie the time within whiclr such appeals shall be made and the procedure for dealing with such appeals. Cd) The manner of constituting the market committees ard the powers, functions and duties of such committ ·~es and the Market Officer and the sitting fee ai.d other allowance payable to the members of t! c committees.

(e) The cii~posal of the silkworm setd or co- coons and siJkyc1rn or tJ•.e vr ssel, receptacle, appa-

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'l'HE ASSAM GAZETTE, EXTRAORDINARY ALO. 25, 1990 691 the cocoons and silk-yarn and the purposes for which the fees may be utilised.

(3) Every rule under this Section sh<>.11 be laid as soon as may be after it is made befnre the Assr.m Legislative Assembly while it is in Sessh n for a total period' of 14 days which may be comprisl d in one Session or two successive Sessic, ns, <'.nd if before the expiry of the Sefsion in which ic is so laid or the Session immediately falling, the Assam Legislative As1embly agiee 1n making any modifi- cation in the Rule and the Assam Legislative Assem- bly agree th~t the Rules ~hould not be made, the rule shall thereafter have effect only in such mo- dified form or no effect as the cr.se may be, 2.nd any such modification or annulment shall be witLout prejuJice Ly the validity of anything previously done under that rule.

K. LASKAR.

Sccr~tary to the Govt. of Assam, Le gisla ti vc Department· GUWAHATI-Printed • published by the Dy. Director (P), Directorate of Ptg. and Sty., Aslam, Guwhaad-21 (Es-Gazette) No. 257-860-S00-35-l-J990·

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