The ASSAM SERICULTURE (SILK-WORM SEED, COCOON AND SILK YARN CONTROL) ACT, 1987 (SINGLE DOCUMENT)

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 
 
AN 
ACT 
 
  to provide for regulating and controlling the commercial production of 
silkworm seed and marketing of cocoon and silk-yarn. 
Preamble.       Whereas it is expedient to provide for regulating and controlling the 
commercial production of silkworm seed and 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 Y ear of the Republic of India as 
follows:- 
 
Short title, 
extent and 
commencement. 
1. (1) This Act may be  called the Assam Sericulture ( Silk-worm Seed, 
Cocoon and Silk- yarn Control) Act, 1987. 
 
(2) It extends to the whole of Assam. 
 
(3) It shall come into force at once. 
 
Definitions. 2. In this Act unless the context otherwise requires- 
 
(a) “Director” means the Director of Sericulture, Assam. 
 
(b) “District Officer” means an officer not below the rank of Assistant 
Director of Sericulture Department of Government of Assam. 
 
(c) “Cocoon” means cocoons produced by Mul berry/Muga/Eri/Tasar 
Silk-worm either green or stifled, dried, or in any other state of 
condition and also include pierced Cocoons. 
 
Explanation :  
In this clause 'pierced Cocoons' means a cocoon from which moth 
has cut out. 
 
 
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(d) “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 au thority” means the Director of Sericulture, Assam 
and may include any other officer appointed by the Government by 
notification in the Official Gazette to exercise all or any of the 
powers or to perform all or any of the duties of a Licencing 
authority under this Act. 
 
(i) “Licenced buyer”  means a person who is licenced to purchase 
cocoons in a Coc oon Market and to purchase silk -yarn in a Silk 
Market. 
 
(j) “Licenced seller” means a person who is licenced to sell cocoons in 
a Cocoon Merket and to sell silk-yarn in a Silk Market. 
 
(k) “Prescribed” means prescribed by rules made under this Act. 
 
(l) “Rearer” means a person engaged in rearing 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-silkworm. 
 
(o) “Silkworm Seed” means silkworm cocoons, moths, egg or young, 
silk-worms of whatever description intended to be used for the 
purposes of re-production or rearing. 
 
 
Regulation of 
production etc. 
of Silk worm 
Seed. 
3. (1) A bonafide rearer who is traditionally engaged in reproducing silk -
worm cocoons whether for reproduction or reeling or spinning, the 
quantity of which is equal or less than the limit prescribed for house -
hold purposes shall be deemad to have produced for domestic 
consumption and may use seed cocoons from the department or from 
any other source. 
 
 
 
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(2) Save as provided in sub -section (1) a rearer producing silk -worm 
cocoons whether for reproduction or reeling or spinning for commercial 
purpose shall use seed cocoons from the department or from any rearer 
certified 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 bonafide rearers who produce cocoons for 
domestic purposes if such rearers desire to have identity card/ licenc e 
for selling their production in the silkyarn market. 
 
(3) No person rearing silk -worms for producing seed cocoons for 
commercial purposes shall produce, store, transport, sell or otherwise 
distribute silk -worm seed except in accordance with the terms and 
conditions of licence issued under this Act. 
 
Regulation of 
Rearing. 
4. (i) Except bonafied rearers who produce silk -worms seed for house hold 
purposes as provided in sub -section (I) of Section -3 a person shall sell 
or agree to sell or purchase reeling cocoon only in a cocoon market 
established under this Act. 
 
(ii) Where a cocoon market is established in any area no person shall use or 
permit to use, assits in the use of any building, enclosure, vehicle, 
vessel or place in such area for the sale and purchase of reeling cocoons 
or in any manner trade or abet the sale or purchase of reeling cocoon. 
 
Regulation of 
disposal of Silk-
worm cocoons. 
5. (i) No person shall transport out of the State reeling cocoons and silk -yarn 
except under a permit issued by the Director or any other officer not 
below the rank of District Officer of the Sericulture Department 
authorised by him in this behalf, and with such terms and conditions 
and on payment of such fees as may be prescribed. 
 
(ii) Any permit used 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. 
 
Regulation of 
sale or purchase 
of silkworm 
cocoons. 
6. (1) No person shall in any areas in which a cocoon market is established 
under this Act- 
 
(a) sell or agree to sell; 
 
(b) purchase or agree to purchase silkworm cocoons except in such 
market and 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 used or permit the use, assist in the use 
of, any building, room, tent, enclosure, vehicle, vessel or place in such 
area for the sale or purchase  of silkworm cocoon, or in any manner aid 
or abet the sale or purchase of silk-worm cocoons. 
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(3) The Government shall declare every year a minimum support price for 
the cocoons and no bids shall be entertained or permitted below the 
support price so fixed by the Government Market Officer in the 
auction. 
Regulation of 
Transport of 
Silk worm 
Cocoons. 
7. (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 authorised by him in this behalf, and 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 for 
Licence. 
8. Every application for the grant of a licence under this Act shall be made to 
the Licencing authority in the form as may be prescribed. 
 
Establishment of 
Cocoons 
markets and 
Silkyarn 
market. 
9. (1) The Government may, from time to time by notification, 
 
(a) Specify the places at which Cocoon markets, Cocoon stores and 
Silkyarn market, shall be located. 
 
(b) Appoint a Market Officer, and constitute a Committee consisting of 
one representative of rearers, and one from the licenced buyers in -
charge of  Charka establishments 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 
determined by the Government:  
 
     Provided that the Director, or any officer not b elow the rank of 
District 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 un til a 
committee is Constituted under this Clause. 
 
(c) Specify the Sericultural areas in the State to be served by cocoon 
market where silkworm cocoon produced within such areas shall be 
sold. 
 
(2) All transactions involving the sale or purchase of cocoons in a cocoons 
market shall be by open auction, the payme nt of the price shall be in 
cash and the cocoons shall be sold by weight and in number, as the case 
may be. 
 
Power of 
inspection. 
10. (1) The licencing authority or any officer authorised by the licencing 
authority in writing on his behalf may with a view to securing 
compliance with this Act or with any rules or order made thereunder:- 
 
 
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(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 place or a person licensed under this Act. 
 
(d) At all reasonable times enter and search any land, building, vessel, 
vehicle or p lace 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 person to seize any silkworm seed or cocoon or silk 
yarn including any vessel, receptacle, apparatus, packages or 
covering in which such seed or cocoon or silk yarn is contained if 
the licencing authority has the konwledge or 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 thereunder has been or is 
being committed by a person licensed under this Act. 
 
(2) Every owner, occupier or other person incharge of any such land, 
building, vessel, vehicle or place shall give all reasonable facilities to 
the licencing authority or the officer aforesaid in carryin g out his 
inspection under this section. 
 
Penalties. 11. Any person who contravenes or fails to comply 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 cover ing containing the same in respect of which the court is 
satisfied shall be forfeited to Government. 
 
Compounding 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 money not exceeding the amount of 
fine payable for such offences as may be determined by the Director 
or such officer, 
 
(b) in all cases in which any property has been seized and is liable to 
confiscation under this Act, shall be released on payment of the 
value thereof as estimated by the Director or such officer. 
 
 
 
 
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(2) On payment by such person the sum of money under sub-section (1) the 
person, if in custody, shall be set at liberty, and all the properties seized 
may be released and no proceedings shall be instituted against such 
person in any criminal court. If any 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 acquital, 
and in no case any further proceedings shall be taken agains t such 
person or property, with reference to the same act or in respect of the 
same offence. 
 
Previous 
sanction for 
prosecution. 
 
13. No prosecution shall be instituted under Section 11 without the previous 
sanction of the Director. 
 
Offences by 
corporations etc. 
14. (1) Where a person committing any offence, punishable under this Act or 
any rule or order made thereunder is a Company or an 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 commission, 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 Companies Act, 1956 every person who at the time 
of offence was committed, was incharge of, and was responsible to the 
company for the conduct of the business of the compa ny 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 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. 
 
(3) Notwithstanding anything in sub -section (1), where an offence under 
this Act has been committed by a company and it is prove d that the 
offence has been committed with the consent or connivance of or is 
attributable to any neglect on the part of any 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 any bodycorporate and includes a firm or other 
association of individuals and- 
 
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(b) “Director” in relation to a firm means a partner in the firm. 
 
Suspension or 
cancellation of 
licence. 
15. (1) The Director if satisfied that any person holding a licence under this 
Act, has contravened the provisions of th is 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 suspension or cancellation of 
licences, may appeal to the Government within such time and such 
manner, as may be prescribed, and the decision of the Government on 
such appeal shall be final. 
 
Protection of 
Government 
officers and 
servants. 
16. (1) No suit, prosecution or other proceedings 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 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. 
 
Power to make 
rules. 
18. (1) The Government may by notification in the Official 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 and the fees for the grant of such licence. 
 
(b) The terms a nd conditions which may be included in any lic nce as 
well as the grant of duplicate lic ences 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 s uch appeals shall be made 
and the procedure for dealing with such appeals. 
 
(d) The manner of constituting the market committees and the powers, 
functions and duties of such committees and the Market Officer and 
the sitting fee and other allowance payable to t he members of the 
committees. 
 
 
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(e) The disposal of the silkworm seed or cocoons and silk -yarn or the 
vessel, receptacle, apparatus, package or covering containing the 
same. 
 
(f) The market fee payable by the rearers and the licenced buyers in 
respect of cocoons and silk-yarn sold and purchased in the markets, 
such fee not exceeding two percent of the price amount of the 
cocoons and silk -yarn and the purposes for which the fees may be 
utilised. 
 
(3) Every rule under this Section shall be laid as soon as may be after i t is 
made before the Assam Legislative Assembly while it is in Session for a 
total period of 14 days which may be comprised in one Session or two 
successive Sessions, and if before the expiry of the Ses sion in which it  
is so laid or the Session immediately  falling, the Assam Legislative 
Assembly agree in making any modification in the Rule and the Assam 
Legislative Assembly agree that the Rules should not be made, the rule 
shall thereafter have effect only in such modified form or no effect as 
the case may be, and any such modification or annulment shall be 
without prejudice by the validity of anything previously done under that 
rule. 
 
                                                                                                               
 
 
 
 

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