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act 031 of 1861 : Saltpetre Manufacture Act, 1861 [Repealed]

Saltpetre Manufacture Act, 1861 [Repealed]

ACTNO. 31 OF 1861
09 July, 1861
Repealed by Act 12 of 1876
Passed by the Legislative Council of India.

(Received the assent of the Governor-General on the 7th September 1861.)

PREAMBLE

An Act to regulate, the manufacture of Saltpetre and the sale of Salt educed in the refinement thereof.

Whereas it is expedient to regulate the manufacture of Saltpetre and the sale of Salt, educed in the refinement thereof; It is enacted as follows:

Section 1. Unlicensed manufacturing &c. of Saltpetre prohibited

From the time when this Act shall come into operation it shall not be lawful for any person in the North-Western Provinces of the Presidency of Bengal, or in any other part of the British territories in India to which this Act shall be extended in the manner herein after provided, to manufacture or refine Saltpetre, or to separate or purify any Salt which may be educed in the process of manufacturing or refining Saltpetre, except under a license from the local Government. The license may be granted either for the manufacture of Saltpetre alone, or for the manufacture and refining of Saltpetre and the separation and purification of Salt educed in the process of such manufacture and refining.

Section 2. Unlicensed manufacturer prohibited from separating &c. Salt educed in the manufacture of Saltpetre

It shall not be lawful for any manufacturer of Saltpetre, not being licensed to manufacture and refine Saltpetre and to separate and purify the Salt educed in the process of the manufacture of Saltpetre, to separate any Salt from any earth or other substance yielding Salt.

Section 3. Duration and form of license

Every license granted under this Act shall have effect for one year from the date of such license and shall contain the name of the proprietor of the in aim factory or manufactory and refinery of Saltpetre licensed, and of the locality of such manufactory or refinery.

Section 4. Fees for licenses

For every license to manufacture Saltpetre there shall be charged a fee not exceeding two Rupees, and for every license to manufacture and refine Saltpetre and to separate and purify Salt in the process of such manufacture and refining, a fee not exceeding one hundred Rupees. The local Government shall within the limits aforesaid fix the amount of the fee to be paid for such licenses respectively.

Section 5. Salt educed in the manufacture of Saltpetre liable to full Government Duty

The Salt educed in the process of manufacturing or refining Saltpetre by any person licensed to separate and purify Salt as aforesaid (whether the same shall be purified or not) shall be liable to the full Government Duty on Salt in the Presidency or place in which such Salt is separated, educed, or purified, and such Duty shall be levied, on or before such Salt is removed from the place of manufacture.

Section 6. Penalty

If any person shall manufacture or refine Saltpetre or separate or purify any Salt educed in the process of manufacturing or refining the same, without a license under this Act, or being licensed only to manufacture Saltpetre, shall separate any Salt in the manufacture thereof, or being licensed to manufacture and refine Saltpetre, shall (except as provided in the next Section) allow any Salt separated the manufacture or refinement of Saltpetre to be removed from the place of manufacture or refinery without the full amount of Government Duty thereon being first paid, he shall be liable to a fine of five hundred Rupees, and on non-payment thereof to imprisonment with or without hard labor for a period not exceeding six months.

Section 7. Composition of Duties

It shall be lawful for the local Government to compound with any person licensed under this Act to manufacture and refine Saltpetre and to separate and purify Salt educed in the process of such manufacturing and refining, for the Duty payable on the Salt estimated to be separated by such person. The composition shall be made for one year only, and may he annually renewed, and shall be in such form, and subject to such provisions and pecuniary penalities, as the local Government shall prescribe. Such provisions, and penalties shall be expressed in such license, and the person licensed shall sign a bond embodying such provisions and penalties, and binding him to the fulfilment of all conditions of such license.

Section 8. Manufactories in the North-Western Provinces to be within Customs jurisdiction and Acts XIV of 1843 and XXXVI of 1855 applicable

Every manufactory of Saltpetre in the North-Western Provinces licensed under this Act, and a space not exceeding one hundred yards around such manufactory if the manufactory be also a refinery of Saltpetre, and not exceeding fifty yards if the manufactory be licensed for the manufacture of Saltpetre only, to be fixed by the local Government under Section III of Act XIV of 1843 (for regulating the levy of Customs Duties and the manufacture of Salt in the North-Western Provinces of the Presidency of Bengal) shall be included in the Customs jurisdiction of the said Provinces; and the provisions of the said Act XIV of 1843 and of Act XXXVI of 1855 (to empower Officers of Customs and Land Revenue to search uses and other enclosed places for contraband Salt in the North-Western Provinces) shall apply to Salt manufactured, separated, or purified contrary to the provisions of this Act, and to such Customs jurisdiction.

Section 9. In other parts of India to which this Act is extended, who are to exercise the powers conferred by the above Acts on Collectors &c

In other parts of the British territories in India to which this Act shall be extended in the manner hereinafter provided, the powers conferred by the said Acts XIV of 1843 and XXXVI of 1855 on Collectors and other Officers of Customs and Police Officers respectively, may be exercised by the Magistrates and Police Officers (not being under the grade of Jemadar or Head Officer of a Police Station) in their respective Districts.

Section 10. Local Government may frame rules

It shall be lawful for the local Government of the North-Western Provinces and of any other Presidency or place to which this Act shall be extended as hereinafter provided, to frame rules, which shall not be contrary to the provisions of this Act, for securing the Duty payable on Salt separated or purified under licenses to manufacture and refine Saltpetre and to separate and purify Salt educed in manufacturing and refining the same, for compositions under Section VII of this Act, and for the removal of Salt for which composition has been made, and otherwise to give effect to this Act. Such rules shall be published in the Official Gazette of such local Government, and shall have the same force and effect as if they were contained in this Act.

Section 11. To what substances &c. this Act is applicable

The provisions of this Act wherever it may be in force, shall apply to the manufacture of Russee, Sujjee, and all other substances manufactured from saline earth, and of Kharee Noon, or Glauber's Salt, and every other form of Sulphate of Sodvi, and to the works at which any such substance is manufactured.

Section 12. Levy of forfeitures and penalties by distress

All forfeitures or penalties imposed under the authority of this Act shall be recoverable by any Magistrate of Police, or by the Magistrate or other Officer exercising the powers of a Magistrate as defined in the Code of Criminal Procedure, and may, in case of non-payment thereof, be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand of any of the above named Officers.

Section 13. Cancellation of license and destruction of works of offenders

When any penalty is awarded for the breach of the conditions of any license under this Act, or against the holder of any license for any offence under this Act, the local Government may cancel such license. The Officer who convicts the offender may also, on the application of the Commissioner of Customs or of the Collector of Customs within whose jurisdiction the offence is committed or other Officer authorized in that behalf by the local Government, order the works of such offender at which such offence was committed, to be destroyed.

Section 14. Procedure until return is made to warrant of distress

In case any penalty awarded under this Act shall not be forthwith paid, the Officer by whom such penalty is awarded may order the offender to be apprehended and detained in safe custody until the return can be conveniently made to such warrant of distress, unless the offender shall give security to the satisfaction of such Officer for his appearance at such place and time as shall be appointed for the return of the warrant of distress.

Section 15. Imprisonment if distress not sufficient

If upon the return of such warrant it shall appear that no sufficient distress can be had whereon to levy such fine, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of such Officer, by the confession of the offender or otherwise, that he has not sufficient goods and chattels whereupon such fine or sum of money could be levied if a warrant of distress were issued, any such Officer may, by warrant under his hand, commit the offender, provided he is not a European British subject, to prison, there to be imprisoned, according to the discretion of such Officer, for any term not exceeding two calendar months when the amount of fine shall not exceed fifty Rupees, and for any term not exceeding four calendar months when the amount shall not exceed one hundred Rupees, and for any term not exceeding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid on payment of the amount.

Section 16. Levy of fines from European British subjects

If the offender shall be a European British subject, the Magistrate shall record the facts, and transmit such record to District Court of the District wherein the offender is convicted, and the amount of the fine and costs (if any) shall be levied in the manner provided for the execution of decrees of the Civil Court.

Section 17. Act not to affect provisions of other laws relating to licenses

Nothing in this Act shall be alter or affect the provisions of any other law or Regulation relating to licenses.

Section 18. Commencement and operation of Act

This Act shall take effect in the North-Western Provinces on the 1st day of December 1861, and may be extended to any other parts of the British territories in India, by an order of the Governor-General of India in Council to be published in the Official Gazette.