The ASSAM CEMENT CONTROL ACT, 1953

Preamble 
The 18th. April,1953; 
Mo. L. 65/52/29:- The followin g act of the Assam Legislative 
Assembly,which received the assent of the President is 
hereby published for general information. 
(R'eceived the assent of the President on the 15th April,53) • 
ASSAM .Aar VI.I.;·_, OF 1953 
THE ASSAM CElfilMT CONTROL .AC'.r, 1953 
XP~blished in the Assam Gazette, Extraordinary,dated the 
18th April,1953). 
An 
Act 
to confer power to control the supply and distribution 
of and trade and commerce 1n cement in Assam 
Wh~reas it is expedient to confer powers to control the 
Supply and dis~ribution of, the trade and commerce in, 
cement in Assam, 
1 
- .. 
And whereas the sanction of the President as required 
under Ar tic le 304 of the Constitution of India has been 
obtained. 
Short title, 
extent and 
1.(1) This Act may be called the Assam Cement control 
.Act, 1953 • 
. commerce men t 
Definiti­
on. 
Power to 
control sup 
ply distri 
bution ete. 
of cement. 
(2) It extends to the whole of Assam. 
{3) It shall come into f orce on the date on which 
the Assam Cement Control Ordinance, 
, 195 2 ceases to operate. Assam Ordinance 
No. II of 1952. 
2. In this .J\ct, unless there is anything repugnant in the 
subject or context, 11 Cement"includes Portland Cement, 
any other cementi tious product manufactured by/intergr1n 
ding or intermixing Portland Cement as defined in the 
Indian Sta ndard Specification 260 of 1951,wi th any active 
inert material white and colo ured cements,high aluminia 
cement and any product manufact .:red by direct mixing of 
some or all oxides constituting normal Portland Cement. 
3. ( 1) The State Government, so far a s it appears to it 
to be necessary or expedient for maintaining or i ncre asing 
the supply of cement of for securing its eq uitable 
distribution and availability at fair prices, 11ay by order, 
in the official Gazette, provide f or reg ulating or 
probibi ting the supply and distribution thereof and trade 
and commerce therein within Assam. 
Pro~ided however, that any order issued under this cause 
shall be subject to such instruction as may be issaed 
by tbe central Govt. under section 16 of the Industries 
(Development and Regulation) Act,1951. 
/\ct. LXV of 
1951. 
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Pr ovided howerver,that any order issued under this 
clau,c~~ sha 11 be subject to s uch instruction as may be issued by the -
cent.?cil Government under section 16 of the Industries (Development and 
Re-gu lat.ipn) /let, 1951. 
fJ (2) Witho u t prej udice to the 
powers conferred by sub section (1) an ord er made 
provide:-
Act. T.iiJl of 
1951. 
genera l ity of the 
thereunder may 
Ca) for reg ulatin g or constrolling the pr i ces at 
whi ch cement my be p ur chas ed or sold and for prescriling the conditions 
of s ale thereof; 
(b) for reg u l a ting by li censes, permits or otherwise 
the sto r age, trans port, movement, possession, distrib ution di sposal, 
a c r~ u is1tion, use or cons umption of cement; · · 
Ce} for prohibitin g the with holding from sale of 
· cement ordinarily kept for s a le; 
(d) for re quirin g any person holding s tock of cement 
to sell the whole or specified part of the stock at such prices and 
to s uch per sons or classes of persons or in such circumstances a s may 
be specified 1n the order; 
(e} for collectin g any inform a tion or s tatis t ies 
wi t h a vie w to reg u l atin .: or prohibiting any of the aforesaid matters; 
(f) for req iring persons engaged inthe supply or 
d istribution of, or trade or commerce in, cement to maintain and 
produce for inspection such books accounts and records relatin g to 
their business and to furn t sh such information relating thereto, as 
may be specified in the• ord.er; and 
(g)for any incidental and supplementary matters, 
includin g in p articnlar the entering and search of premises, vehicles, 
vessels and aircraft, the seizure by a person . authorised to make ' 
s uch person has reason to believe that a contravention of the order 
has been, is bein g or i s about to be commi tted, the grant or issue of 
licenses, permits or other documents and the char ging of fees thereof. 
3. When ay cement is sei zed under the authority of 
ony order made under s ub-section ( 1) the person s eizing the cement 
sha ll make a report of s uch seizure to a Magistrate who may give such 
directions as to its temporary custody as he thinks fit, provided, 
ho·wever, that where no prosec ution is instituted for controvention of 
the order in respect of the cement seized within a period in his 
opinion re qasonable, t he Magistrate sballdireet its return to the person 
~rom who 1 t was seized; and the pro visions of the Code of Cr iminal 
roce dure,1898 sha ll so far as they may be applicable apply to any 
search for seizure under any su ch order as they apply to any search 
or seizure under Chapter VII of that Code. 
• 
~ "'"""-------' 
Deleg r tion 
of ~ o~rs. 
Ef f ect of 
· order in 
cons tent 
with other 
enactments.i 
.Attempts 
rmd 
~ betments. 
Officers 
by cor poration 
etc. 
False 
Statement. 
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4. The State Government aay by order in the 
official gazette, direct that the power to make 
orders under Section 3 shall in relation to such 
matters and subject to s uch condition s , if anyas 
may be specified in the directio n , be exercisable 
also by such officer or authority subordinate to 
the State Government as may be s pecified in the 
direction. 
5. Any order made under Section 3 shall have 
effect notwithstanding inc0nsistent ther ewith 
contained in any enactment other than t his Act or 
any instrument havin g effect by irt ue of any enact­
ment othe r than this Act. 
6. If any person constra venes ar,iy order made 
under Section 3 he shall be punishable wit h im Jri­
sonnent for a term which may extend to three years 
or with fine or with boyh, and if the order so 
provides any cour t, try i ng such contr avention, may 
dire ct that any pr opercy in re spect of which the 
Court is satisfied ·t hat the order has been 
contravened sha ll be forfeited to the Government. 
?. Aby person who a ttem p ts to contracene or 
abet s a contravention of any order made under 
Section 3 shall be deemed to have contr avened 
that order. 
8. If the person contravenin g an order made 
under Section 3 is a company or other body corporate 
or as ~ ociation of persons whether inco r porated or 
not, eve r y Director ,Manager, s ecretary or other 
Offi cer or .flgent ther eof s hall, un less he proves 
t hat the congravention took place without his 
knowled ge or that he exercised all due diligence 
to pr event such contravention, be deemed to be 
guilty of such contravention. 
9~ If any person:-
(i) when required by any order made uner 
Section 3 to make any statement or furnish 
any information, makes any statement or 
furnishes any information which is false 
in any ·material particular and which he 
knows or has reasonable cause to believe 
to be false, or does not believe to be 
true or, 
Contd •• o4e . 
(ii) maked any such statement as aforesaid in any 
book, account, record, declaration, return or other 
to maintain or furnish he shall be punishable with 
improsonment for term which may extend to tbree years 
· or with fine or with both. 
Congniznnce 
of offences. 
Power to 
try offenaes . 
sujmarily 
Special pro 
vision regarding 
fines. 
savings. 
Protection. 
Power to 
exempt 
certain 
varieties of 
cement. 
Cont inuance 
nction taken 
under Assam 
Cement 
Control Act, . 
10. No Court shall ta.k.e congizaned of any offence pur 
nishable under this Act except on a report in writing 
of the facts constituting such offences made by a person 
who is a public servant as defined 1n Section 21 of 
the Inlian Penal Code Act XLV of 1860. 
11. /\ny Magistrate or bench of Magistrates empowered 
for the time being to try in af, summary way the offences 
specifed in sub section (1) of section 260 of the COde 
of Criminal Procedure, 1998 may on application in this 
behalf being made by the prosecution, try 1n accordance 
with the procisions contained 1n Section 262 to 265 of 
the said Code any offence punishable under this Act. 
12. Notwithstanding anything contained in Section 
32 of the Code of Criminal Procedure,· 1898 it shallbe 
lawful f'or any Magistrate . of the First Class specially 
empowered by the Sta t e Government in this behal! to pass 
a sentence of fine exceding one thousand rupees on any 
person convicted of' controvening an order made unde~ 
section 3. 
13. No order made in exeeneis~ of any power conferred 
by or under this Act shall be called in question 1n 
Court. 
14. (1) No suit prosecution or other legal proceding 
shall lie against any person for anything which is in 
good .faith done or internded to be done in pursuance of 
any orde ·:' made under section 3. 
(2) No suit or other legal proceding shall lie 
against the Govt. fo r any damages caused or likely to 
be caused by anhthing which is in good faith done or 
in tended to be done in pursuance of any ordermade 
under section 3. 
15. The state Govt. may be notification in the 
official Gazette exempt any variety of cement from all 
or any of the provisions of this Act. 
16. Any order made or direction issued under section 
3 or 4 of the ~ssam cement control Act, 1949 or under 
section 3 or 4 of the Assam cement Control Ordinance 
1952 which is in fo r ce immediately before the Assam 
XI of 49 ~~9-·~~~~~~~---~----~­
~~~~~~~~-----~~~~ 
Savings. 
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C8111ltnt Control Ordina nce, 1952 which i:.11.xxixt is in 
force i mmedi ~ tely before the commencement of this 
Act shall be deemed to have been made or 
Assam Ordinance issued under 7.he provisions of this 
No. II of 1952 Act and continue to be in fo:cee 
to sar as t hey ar e not inco nsistent #ith 
the prdtvisions of thi s .Act Wltil repealed or 
altered. 
17.0ne t he expiration of this Act, Such expiration 
' shall not:-
(a) affect any penalt y or punishment incurred in 
respect of any off enc-es co mi tted under this Aet 
before its expiration or 
(b) affect any investigat .ion le gal proceee ding of 
remedy in respect of any s uch penalty or purli shment 
,a s afor esaid; and such investination,legal proceeding 
or remedy may be s ubstit uted con-tirtuedor enf orced 
and and any such penalty or punishment may be imposed 
a s if this Act and not expired. 
Sd/-S.K.Dutta. 
Secy. to the Govt. of Assam, • .Leg. Deptt • 
••• £ ••• 

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