The Andhra Pradesh Silkworm Seed and Cocoon (Control) Act, 1956.

THE ANDHRA PRADESH SILKWORM SEED AND COCOON
(CONTROL) ACT, 1956.
ACT No. XV of 1956
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Regulation of Manufacture, etc., of silkworm seed
4. Regulation of rearing
4A. Regulation of disposal of silkworm cocoons
4B. Regulation of sale or purchase of silkworm cocoons
4C. Regulation of transport of silkworm cocoons
5. Application for licence
5A. Establishment of cocoon market
6. Power of inspection
7. Penalties
7A. Compounding of offences
8. Previous sanction for prosecution
9. Offences by companies
10. Inquiry and trial of offences
10A. Suspension or cancellation of licence
11. Protection of Government Officers and servants
12. Exemption
13. Power to make rules
THE ANDHRA PRADESH SILKWORM SEED AND COCOON
(CONTROL) ACT, 1956.
ACT No. XV of 1956.
[1st September, 1956]
AN ACT TO PROVIDE FOR THE REGULATION OF THE REARING OF
SILKWORM SEED 1[AND THE SALE/OR PURCHASE OF
COCOONS IN THE STATE OF ANDHRA PRADESH].
WHEREAS it is expedient to provide for the regulation of the rearing of
silkworm seed 1[and the sale/or purchase of cocoons in the State of
Andhra Pradesh];
BE it enacted in the Seventh Year of the Republic of India as follows:-
1. Short title, extent and commencement – 2[(1) This Act may be
called the Andhra Pradesh Silkworm Seed and Cocoon (Control) Act,
1956.
(2) It extends to the whole of the State of Andhra Pradesh.]
(3) It shall come into force on such date as the Government
may, by notification in the Andhra Pradesh Gazette, appoint.
2. Definitions – In this Act, unless there is anything repugnant in the
subject or context –
3[(a) “Cocoon” means cocoon produced by mulberry or tassrr
silkworms, either green or stifled, dried or in any other state or
condition, but does not include pierced cocoon:
Explanation :- In this clause, “pierced cocoon” means a cocoon
from which moth has cut out;
(aa) “cocoon market” means a market established under section
5A, for the sale or purchase of cocoons of a kinds intended for reeling;
(aaa) “Director” means the Director of Sericulture, Andhra
Pradesh;]
(b) “Government” means the State Government;
(c) “licence” means a licence granted under this Act;
1. Substituted by the Act No. 16 of 1982, S.3.2. sub-sections (1) and (2) substituted by the Act No. 16 of 1982, S.4.3. Substituted by the Act No. 16 of 1982, S.5.
(d) “licensing authority” means the head of the sericultural
section of the Department of Industries and Commerce, Andhra
Pradesh and includes any other officer appointed by the Government by
notification in the Andhra Pradesh Gazette to exercise all or any of the
powers or to perform all or any of the duties of a licensing authority
under this Act;
1 [(dd) “licensed buyer” means a person who is licensed to
purchase cocoons in a cocoon market;]
(e) “prescribed” means prescribed by rules made under this Act;
2[(f) “rearer” means a person engaged in rearing silkworms for
the production of silkworm cocoons, whether for reproduction or
reeling;
(ff) “rearing” includes all operations from the incubation of
silkworm eggs and brushing of silkworm cocoons, whether for
reproduction or reeling;]
(g) “silkworm” includes mulberry silkworms, tosar silkworms,
eggs or young silkworms of whatever description intended to be used
for the purposes of reproduction or rearing.
3. Regulation of Manufacture, etc., of silkworm seed – No person
shall manufacture, store, transport, sell or otherwise distribute
silkworm seed except under and in accordance with the terms and
conditions of a licence issued under this Act.
4. Regulation of rearing – No person shall rear silkworms from
silkworm seed other than silkworm seed obtained from a person who
holds a licence under this Act.
3[4A. Regulation of disposal of silkworm cocoons - No rearer shall
dispose of, or agree to dispose of, or in pursuance of an agreement
entered into make delivery of, silkworm cocoons except to persons
holding a licence under this Act.
4B. Regulation of sale or purchase of silkworm cocoons - (1) In any
area in which a cocoon market is established under this Act,-
(a) no rearer shall sell or agree to sell;
1. Inserted by the Act No.16 of 1982, S.5.2. Substituted by the Act No. 16 of 1982, S.5.3.4A, 4B and 4C sections inserted by the Act No.16 of 1982, S.6.
(b) no person shall purchase or agree to purchase,
Silkworm cocoons except in such cocoon market and except in such
manner as may be prescribed.
(2) Where a cocoon market is established for any area, no
person shall, except in such cocoon market, use or permit the use or
assist in the use of, any building, room, tent, enclosure, vehicle, vessel,
or place in such area for the sale or purchase of silkworm cocoons, or
in any manner aid or abet the sale or purchase of silkworm cocoons.
4C. Regulation of transport of silkworm cocoons - (1) No person
shall transport out of the State silkworm cocoons, except under a
permit issued by the Director or any other officer of the Sericulture
Department authoris by him in this behalf, and on 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 of the terms and conditions
subject to which it was issued or for any other reason to be recorded in
writing.]
5. Application for licence – Every application for the grant of a licence
1[under this Act] shall be made to the licensing authority in such form
as may be prescribed.
2[5A. Establishment of cocoon market – (1) The Government may,
from time to time, by notification,-
(a) specify the places at which cocoon markets, cocoon
market-yards and cocoon store shall be located;
(b) appoint a Market Officer, and constitute a committee
consisting of two representatives of rearers, and one each of licensed
buyers in-charge of charka establishments and filature establishments,
with the Market Officer as chairman, for regulating, generally the
procedure for the conduct of business in the cocoon market and for the
performance of such functions as may be determined by the
Government:
Provided that the Director or any Officer of the Sericulture
Department authorised by him in this behalf, shall perform the
functions of the Market Officer until a Market Officer is appointed and
of the committee, until a committee is constituted under this clause;
1. Substituted by the Act No.16 of 1982, S.7.2. Inserted by the Act No.16 of 1982, S.8.
(c) specify the sericultural areas in the State to be served
by each cocoon market, where silkworm cocoon produced within such
areas shall be sold;
(d) assign markets in which any licensed buyer may carry
on his business.
(2) All transactions involving the sale or purchase of cocoons in
a cocoon market shall be by open auction, the payment of the price,
shall be in cash and the cocoons shall be sold by weight, as required by
or under the Andhra Pradesh Weights and Measures (Enforcement) Act,
1958 (Act I of 1959).]
6. Power of inspection – (1) The lincensing authority or any officer
authorized by the licensing authority in writing in this behalf may, with
a view to securing compliance with this Act or with any rule or order
made thereunder-
(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, buildings,
vessel, vehicle or place of 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 1[silkworm seed
or cocoon] is stored or is being transported and seize or authorize any
person to seize any 1[silkworm seed or cocoon] including any vessel,
receptacle, apparatus, package or covering, in which 1[such seed or
cocoon] is contained if the licensing authority or the officer aforesaid
has reason to believe from personal knowledge or from information
given by any person and taken down by him in writing that a
contravention of this Act or of any rule or order made there-under has
been or is being committed.
(2) Every owner, occupier or other person in charge of any such
land, building vessel, vehicle or place shall be bund to give all
reasonable facilities to the licensing authority or the officer aforesaid in
carrying out his functions under sub-section (1).
7. Penalties – (1) Any person who contravenes or fails to comply with
all or any of the provisions contained in this Act or any rule or order
1. Substituted by the Act No. 16 of 1982, S.9.
made thereunder shall be punishable with fine 1[which shall be not less
than five hundred rupees] and any Court trying any such contravention
or failure may direct that any 1[silkworm seed or cocoon] or any vessel,
receptacle, apparatus, package or covering containing the same in
respect of which the Court is satisfied that such contravention or
failure as occurred shall be forfeited to the Government.
2[(2) Any person, who contravenes the provisions of clause (b) of
sub-section (1) of section 4-B or sub-section (2) thereof, shall be
punishable with imprisonment which may extend to three months or
with fine which shall not be less than five hundred rupees but which
shall not exceed one thousand rupees or with both.]
3[7A. Compounding of offences - (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 exceeding the amount of fine
payable for such offence, as may be determined by the Director or such
officer;
(b) in all cases in which any property has been seized as liable
to confiscation under this Act, release the same on payment of the
value thereof as estimated by the Director or such officer.
        (2) On payment by such person the sum of money or the value or
both as the case may be, the person, if in custody, shall be set at
liberty, and all the property seized may be released and no proceedings
shall be instituted against such person in any criminal court. If
proceedings in any criminal court have been instituted against such
person in respect of the offence, the acceptance of composition shall be
deemed to amount to an acquittal; and in no case, any further
proceedings shall be taken against such person or property with
reference to the same act or in respect of the same offence.]
8. Previous sanction for prosecution – No prosecution shall be
instituted under section 7 without the previous sanction of the
Director.
1. Substituted by the Act No. 16 of 1982, S.10.2. Added by the Act No. 16 of 1982, S.10.3. Inserted by the Act No.16 of 1982, S.11.
1[9. Offences by companies - (1) Where an offence under this Act has
been committed by a company, every person who, at the time the
offence 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 offence and shall be liable
to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall 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 diligence
to prevent the commission of such offence.
(2) Notwithstanding anything in sub-section (1), where an
offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent of 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 of the company shall also
be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation - For the purpose of this section,-
 (a) “company” means anybody corporate and includes a firm or
other association of individuals; and
 (b) “director” in relation to a firm, means a partner in the firm.]
10. Inquiry and trial of offences – No offence punishable under this
Act or any rule or order made thereunder shall be inquired into or tried
by any Court inferior to that of a Magistrate of the First Class.
2[10A. Suspension or cancellation of licence - (1) The Director, if
satisfied that any person, holding a licence under this Act, has
contravened the provisions of this Act, or the rules made thereunder, or
any other terms and conditions of the licence, may, without prejudice
to any punishment under section 7, 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 suspension or
cancellation of licence may appeal to the Government within such time
1.Substituted by the Act No.16 of 1982, S.12.2.Inserted by the Act No.16 of 1982, S.13.
and in such manner as may be prescribed, and the decision of the
Government on such appeal shall be final.]
11. Protection of Government Officers and servants – (1) No suit,
prosecution or other proceeding shall lie against any officer or servant
of the Government for any act done or purporting to be done under this
Act, without the previous sanction of the Government.
(2) No officer or servant of the Government shall be liable in
respect of any such act in any civil or criminal proceeding 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.
12. Exemption – Nothing contained in this Act shall apply to any place
where silkworms are reared by any department of Government.
13. Power to make rules – (1) The government may, by notification in
the Andhra Pradesh Gazette, 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 applications for licences
may be made 1[and the fees for the grant of such licences];
(b) the terms and conditions which may be included in
any licence;
2[(bb) the grant of duplicate licences and the renewal of
licences and the fees for the same;]
(c) appeals from any order under this Act, the authority to
whom such appeals shall lie, the time within which such appeals shall
be made and the procedure for dealing with such appeals;
3 [(cc) the manner of constituting the cocoon market
committees, and the powers, functions and duties of such committees
and the Market Officer; and the sitting fee and other allowances
payable to that members of the committee;]
1. Added by the Act No.16 of 1982, S.14.2. Inserted by the Act No.16 of 1982, S.14.3. Inserted by the Act No.16 of 1982, S.14.
(d) the disposal of the 1[silkworm seed or cocoon] or the
vessel, receptacle, apparatus, package or covering containing the same
which may be seized under section 8.
2 [(e) the market fee payable by the rearers and the
licensed buyers in respect of cocoons sold and purchased in the cocoon
market, such fee not exceeding two per cent of the price amount of the
cocoons, and the purposes for which the fees may be utilised.]
3[(3) Every rule made under this Act shall, immediately after it is
made, be laid before each House of the State Legislature if it is in
session and if it is not in session in the session immediately following,
for a total period of fourteen days which may be comprised in one
session or in two successive sessions, and if, before the expiration of
the session in which it is so laid or the session immediately following
both Houses agree in making any modification in the rule or in the
annulment of the rule, the rule shall, from the date on which the
modification or annulment is notified, have effect only in such modified
form or shall stand annulled, as the case may be, so however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.]
1. Substituted by the Act No.16 of 1982, S.14.2. Added by the Act No.16 of 1982, S.14.3. Substituted by the Act No.16 of 1982, S.14.

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