LexThe ASSAM SERICULTURE (SILK-WORM SEED, COCOON AND SILK YARN CONTROL) ACT, 1987
Assam · state statute
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The Assam Gazette
Gf}JT6T~Cf
EXTRAORD ,INARY
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•
PUBLiSHED BY AUTHORITY
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q~ 129 fll{xt'J.~~ -rR~r~. 25 ~""'G, 1990. 3 \!llif1 1912 (~)
No. 129 Dispar 1 Saturday. 25th August, 1990, 3rd Bhadra,
1912 (S. E.)
GOVERNMENT OE ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIYE DEPARTMENT: LEGISLATIVE BRANCH
DISPUR.
NOTIFICATION
·, '
The 24th August 1990
No· LGL. 44/87 /58·,_ T-he following Act of the Assam
Legislative Assembly which received the assent of the
Governor ia hereby published for general information .
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.
" ..
·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.
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. · ·
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 purpos e shall use seed cocoon s
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
produc e cocoo ns for domestic purpo ses if
such reuers desire to have identity card/
licence for selling their production in the
silkyarn market. - · - -
(3) No perso n rearing silk-worm s 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 condition s of
__ , ::->_ . licence issued und er : thi s Act.
~~~~~a 0 _r_ ~- ... 4. _ (i) , Except bonafied rearers who produce
silk-worms · seed for house hold purpose s
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 egulatio n of
diaposal 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 purchas e
of ~ r~eling cocoons or _ in any manner
trade or abet the sale or purchase of
reeli ng 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
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 ~8a1.11ek- 6. 1fl) No person shall -in any areas in ;r purcha se 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~
mitted 1 below the support price so fixed
by the, GoverI1ment Market Officer in the
auction.
..
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.
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 numb er, 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 pers on 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
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 pers on 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 mone y 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 confiscatio n
under this Act, shall be relea sed on pay
men t of the value thereof as estimated
by the Dir ector 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
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
respons ible 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.
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.
-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
ratus, packag1_ or covering cc ntaining the same.
( f) The :market fee payable by the rearers and
the licenced b:;.yers in respect of cocoons and silk
yarn sold and pmchased in the markets, such fee
not exceeding two percent of the price amount of
'l'HE ASSAM GAZETTE, EXTRAORDINARY ALO. 25, 1990 691
the cocoons and silk-yarn and the purpos es 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 compris l 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·