The Tamilndau Silkworm Seed (Production Supply and Distribution) Act 1956

The Tamil Nadu Silkworm Seed (Production, Supply and Distribution) Act, 1956 Act 23 of 1956 Keywords (s): Cocoon, Rearer, Rearing, Silkworm, Silkworm Seed 1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution) 1[TAMIL NADU] ACT No. XXIII OF 1956.2 [THE 1 [TAMIL NADU] SILKWORM SEED (PRODUCTION, SUPPLY AND DISTRIBUTION) ACT,1956.] (Received the asent of the President on the 27th October 1956; first published in the Fort St. George Gazette on the 31st October 1956). An Act to provide for the regulation of the production, 3 supply and distribution of silkworm seed in the [State of Tamil Nadu] WHEREAS it is expedient to provide for the regulation of the production, supply and distribution of silkworm seed in the 3 [State of Tamil Nadu]. BE it enacted in the Seventh Year of the Republic of India as follows:- 1. (1) This Act may be called the 1[TAMIL NADU] Silkworm Short title, Seed (Production, Supply and Distribution) Act, 1956. extent and commence- ment. (2) It extends to the whole of the 3[State of Tamil Nadu]. *(3) It shall come into force on such date as the Government may, by notification, appoint. 2. (1) In this Act, unless the context otherwise requires Definitions. (a) “cocoon” includes cocoon produced by mulberry silkworms, tussar silkworms, muga silkworms and eri silkworms, either green or stifled, live or pierced, dried or in any other state or conditions; 1These words wee substituted for the word “Madras” by the Tamil Nadu Adaption of Laws Order, 1969, as amended by the Tamil Nadu Adaption of Laws (Second Amendment) Order, 1969. 2For Statement of Objects and Reasons, see Fort St. George Gazette, Part IV-A, dated the 14th March 1956, page 26. 3Thisexpression was substituted for the expression “State of Madras” by the Tamil Nadu Adaption of Laws Order, 1969, as amended by theTamil Nadu Adaption of Laws (Second Amendment) orders 1969. *Deemed to have come into force on the 1st November1956.. Silkworm Seed (Production, Supply and Distribution (1956 : T.N.Act XXIII) (b) "Director" means the 1[Director of Industries and Commerce, Tamil Nadu]; (c) "Government" means the State Government; (d) "licensed buyer" means a person in charge of a charka establishment or a filature establishment licensed under this Act to purchase silkworm cocoons for reeling silk. Explanation:- In this clause "charka establishment" means an establishment where silk is reeled from silkworm cocoons with the help of any indigenous contrivance utilizing manual labour for turning the reels and direct fire for heating the water for cooking and reeling cocoons; and "filature establishment" means an establishment where silk is reeled from silkworm cocoons by utilizing power for turning the reels and steam for cooking and reeling cocoons; (e) "rearer" means a person engaged in rearing silkworms for the production of silkworm cocoons, whether for reproduction or reeling; (f) "rearing" includes all operations from the incubation of silkworm eggs and brushing of silkworms to the harvesting of cocoons; (g) ”silkworm” includes mulberry silkworms, tussar silkworms, muga silkworms and eri silkworms; (h) "silkworm seed" means silkworm cocoons, moths, eggs or young silkworms of whatever description intended to be used for the purposes of reproduction or rearing. (2) If any question arises, whether:- (a) any contrivance is a charka or not; or (b) any crop is a cocoon crop or not; or (c) any establishment is a filature or not, 1This expression was substituted for the expression “Director of Industries and Commerce, Madras” by paragraph 3(1) of the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969. 1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution) the question shall be decided by the officer in-charge of the Sericultural section of the 1[Department of Industries and Commerce, Tamil Nadu] and his decision thereon shall be final. 3. No person shall manufacture, store, transport, sell or Regulation of otherwise distribute silkworm seed except under and in manufacture, accordance with the terms and conditions of a etc., of silkworm licence issued under this Act. seed. 4. No person shall rear silkworms except under and in Regulation of accordance with the terms and conditions of a licence rearing issued under this Act. or from silkworm seed other than silkworm seed obtained from a person who holds a licence issued under this Act. 5. No rearer shall dispose of, or agree to dispose of, or Regulation of in pursuance of an agreement entered into make delivery of, disposal of any silkworm cocoons for reeling except to a licensed buyer. silkworm cocoons 6. No rearer shall sell or agree to sell, and no licenced Regulation of buyer shall purchase or agree to purchase silkworm sale or cocoons for reeling, except in cocoon markets or cocoon purchase of silkworm market yards established under this Act, and at prices other cocoons for than those fixed from time to time by notification by the reeling Director. 7. No person shall carry on the business of reeling silk Regulation of from silkworm cocoons unless he holds a licence issued reeling under this Act. 8. The prescribed officer may authorize any person in Regulation of writing to possess silkworm seed. possession of silkworm seed: 9. Every application for the issue of a licence under this Application for Act shall be made to such authority and in such form as licence. may be prescribed. 1This expression was substituted for the expression “Department of Industries and Commerce, Madras” by paragraph 3(1) of Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969. Silkworm Seed (Production, Supply and Distribution (1956 : T.N.Act XXIII) Constitution 10. (1) The Government may, by notification, establish a and powers of market committee, with jurisdiction over such area as may market be specified in the notification. committee. (2) The market committee shall consists of a Chairman, who shall be appointed by the Government and four members elected on the following electorates as specified below.- (a) Silkworm rearers ... ... ... ... 2 (b) Charka reelers ... ... ... ... 1 (c) Filatures ... ... ... ... 2 (3) The powers, duties and functions of the market committee shall be such as may be prescribed. Regulation 11. (1) The Goverment may, from time to time, by and distri- notification – bution of (a) specify the places at which cocoon markets or silkworm cocoon market yards shall be located. seed. (b) Fix the basic price at which standard quality cocoons for reeling may be sold or bought: (c) specify, a sliding scale of prices for variations from the standard quality calculated on the basic price; (d) specify the sericultural areas in the State, to be served by each cocoon market where silkworm cocoons produced within such areas shall be sold: (e) assign zones and markets in which any licensed buyer may carry on his business. (2) After taking into consideration the quantity of silkworm cocoons available in the State and the scale of operations and consumption of silkworm cocoons by each licensed buyer, the Government may from time to time, by order determine the quota of silkworm cocoons to be sold to licensed buyers. Power to 12. Any officer authorized in this behalf by the Director obtain may, with a view to ascertaining whether the provisions of information this Act and the rules, orders and notifications made thereunder are complied with, by order, require any person to furnish any information in his possession and specified in the order. 1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution) 13. (1) The Director or any officer authorized in this behalf Power of entry by the Director may, for the purpose of satisfying himself and seizure that the provisions of this Act and the rules, orders and notifications made thereunder are complied with, at any time during business hours, enter and inspect any premises, godown, land or place used for rearing silkworms or for storing cocoons or silk; and every owner, occupier or person in charge of such premises, godown, land or place shall give every reasonable assistance to the Director or the officer in connection with such entry and inspection. (2) The Director or the officer referred to in sub- section (1) may, if he is satisfied that any silkworms, cocoons or silk are reared or stored in any premises, godown, land or place referred to in that sub-section in contravention of the provisions of this Act or the rules, orders or notifications made thereunder, seize such silkworms, cocoons or silk. 14. Any person who contravenes or fails to comply with . Penalties all or any of the provisions contained in this Act or any rule, order or notification made thereunder or any of the conditions of a licence issued or renewed under this Act or the rules made thereunder shall be punishable with fine which may extend to five hundred rupees: and any Court trying any such contravention or failure may direct that any silkworm seed or any vessel, receptacle, apparatus, package or covering containing the same in respect of which the Court is satisfied that such contravention or failure has occurred shall be forfeited to the Government. 15. (1) Any offence punishable under this Act may be Composition compounded by the Director on payment of such of offences amount as may be prescribed. (2) On the composition of an offence under sub- section (1) the person concerned, if in custody, shall be set at liberty, and if proceedings in any criminal court have been instituted against such person in respect of the offence, the composition shall be deemed to amount to an acquittal and no further proceedings shall be taken against such person in respect of such offence. Silkworm Seed (Production, Supply and Distribution (1956 : T.N.Act XXIII) Trial of * 16. (1) No Court inferior to that of Presidency offences. Magistrate or a Magistrate of the first class *shall try any offence made punishable by this Act or any rule made thereunder. (2) No prosecution under this Act or any rule made thereunder shall be instituted except on a complaint in writing made by the Director. Protection for 17. No suit, prosecution or other legal proceeding shall acts done in lie against any person for anything which is in good faith faith done or intended to be done in pursuance of this Act or any rule, order or notification made thereunder. Officers to be 18 .Every officer acting in pursuance of the provisions of deemed this Act or any rule, order or notification made thereunder, public shall be deemed to be a public servant within the meaning servants of section 21 of the Indian Penal Code (Central Act XLV of 1860). Power to 19. (1) The Government may by notification, make rules make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for :- (a) the form and manner in which and the authority to which applications for licences may be made; (b) the terms and conditions which may be included in any licence and the fees for the grant of such licence; (c) the grant of duplicate licences and the renewal of licences and fees for the same; (d) the qualifications of reares and other persons to whom licences may be issued under this Act; (e) the duties and powers of officers authorized to enforce the provisions of this Act; (f) the fee payable by a licenced buyer in respect of cocoons purchased by him in the cocoon market; (g) the election, appointment and removal of members of market committees, the manner of election and the powers, duties and functions of such committees; *According to clauses (a) and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) any reference to a Magistrate of the first class shall be construed as a reference to a Judicial Magistrate of the first class and any reference to a Presidency Magistrate shall be construed as a reference to a Metropolitan Magistrate. 1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution) (h) the procedure to be followed by a market committee in respect of financial matters generally, including the manner in which and the restrictions and conditions subject to which, expenditure may be incurred by it; (i) appeals from any order under this Act, the authority to which such appeals shall lie, the time within which such appeals shall be made and the procedure for dealing with such appeals; (j) generally regulating the procedure to be followed in proceedings under this Act; (k) any matter expressly required or allowed by this Act to be prescribed. (3) The power to make rules under this Act is subject to the condition of the rules being made after previous publication. (4) All rules made under this Act shall be placed on the table of the Legislative Assembly as soon as possible after they are published and shall be subject to such modifications, whether by way of repeal or amendment as the Assembly may make during the session in which they are so laid.