The JAMMU AND KASHMIR PROHIBITION ON MANUFACTURE OF SPECIFIED COPPER UTENSILS (BY MACHINE) ACT, 2006

PROHIBITION ON MANUFACTURE
OF SPECIFIED COPPER UTENSILS
(BY MACHINE) ACT, 2006
(Act No. XIII of 2006)
THE JAMMU AND KASHMIR PROHIBITION ON
MANUFACTURE OF SPECIFIED COPPER UTENSILS (BY
MACHINE) ACT, 2006
(Act No. XIII of 2006
CONTENTS
SECTION.
1. Short title and commencement.
2. Definitions.
3. Ban on manufacture of copper utensils by machine.
4. Prescribed authority.
5. Act not to apply to certain items.
6. Violation of the Act.
7. Power to seize and confiscate.
8. Penalty.
9. Appeal.
10. Power to remove difficulties.
11. Power to make rules.
–––––––
      PROHIBITION ON MANUFACTURE OF COPPER UTENSILS (BY 177
MACHINE) ACT, 2006
T H E  J A M M U  A N D  K A S H M I R  P R O H I B I T I O N  O N
M A N U FA C T U R E  O F  S P E C I F I E D  C O P P E R
U T E N S I L S  ( B Y M A C H I N E )  A C T,  2 0 0 6
(Act No. XIII of 2006)
[Received the assent of the Governor on 9th August, 2006 and published
in Government Gazette dated 14th August, 2006].
An Act to provide for safeguarding the manufacture of specified copper
utensils by hand to protect this old-age craft from extinction.
Be it enacted by the Jammu and Kashmir State Legislature in the
Fifty-seventh Year of the Republic of India as follows :––
1. Short title and commencement. ––(1) This Act may be called the Jammu
and Kashmir Prohibition on Manufacture of Specified Copper Utensils (By
Machine) Act, 2006.
(2) It extends to the 1[whole of the Union territory of Jammu and Kashmir].
2[(3) It shall come into force on such date as the Government may, by
notification in the 3[Official Gazette], appoint].
2. Definitions.–– In this Act, unless the context otherwise requires––
(a) “Act” means the Jammu and Kashmir Prohibition on Manufacture
of Specified Copper Utensils (By Machine) Act, 2006 ;
4[(b) “Government” means the Government of the Union territory of
Jammu and Kashmir ;]
(c) “Machine” means and includes any machine which is used for
manufacturing the utensils other than the tools used for manufacture
of specified copper utensils by hand ;
(d) “prescribed” means prescribed by rules made under this Act ;
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “whole of the State of Jammu and
Kashmir”.
2. Enforced w.e.f. 1st October, 2007 vide SRO-363 dated 18.10.2007.
3. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government Gazette”.
4. Clause (b) substituted ibid.
178 PROHIBITION ON MANUFACTURE OF COPPER UTENSILS (BY
MACHINE) ACT, 2006
(e) “Prescribed Authority” means an officer appointed as such under
section 4 ;
(f) “Specified Copper Utensils” means the following copper utensils of
any shape and size which are manufactured by hand; namely :––
(i) Trami, (ii) Sarposh, (iii) Dunga, (iv) Majma, (v) Plates, (vi)
Turu, (vii) Thalbana, (viii) Kanzi, (ix) Nari, (x) Tesht, (xi) Dullo,
(xii) Patila, (xiii) Deghas, (xiv) Leizi, (xv) Nuto, (xvi) Pialo, (xvii)
Norelota, (xviii) Gurgari, (xix) Isband Soze, (xx) Chaichoncha,
(xxi) Pialonoro, (xxii) Samawar, (xxiii) Lemon Set, (xxiv)
Chani ;
(g) “Special Tribunal” means the Special Tribunal constituted under
section 4 of the Jammu and Kashmir Special Tribunal Act, 1988.
3. Ban on manufacture of copper utensils by machine.––
Notwithstanding anything contained in any law for the time being in force, no
person shall engage himself in the manufacture of any specified copper utensils
by machine.
4. Prescribed authority.–– Director, Industries and Commerce or such
other officers as the Government may appoint shall be the prescribed authority
for purpose of the Act.
5. Act not to apply to certain items.–– The provisions of the Act shall
not apply to items made of copper other than the specified copper utensils.
6. Violation of the Act.–– Any person may give information to the
prescribed authority about the violation of the provisions of the Act.
7. Power to seize and confiscate. ––(1) The copper utensils manufactured
in violation of the Act shall be liable to confiscation and seizure by the
prescribed authority or any other officer specifically empowered by the
prescribed authority under the Act.
(2) The goods seized under sub-section (1) shall be disposed of by the
prescribed authority in the prescribed manner.
8. Penalty.–– Any person who involves himself in manufacture or sale of
machine made specified copper utensils shall, on conviction by the Chief
Judicial Magistrate, be punishable with simple imprisonment, which may extend
to one year and with fine up to Rs. 1000/- or with both.
      PROHIBITION ON MANUFACTURE OF COPPER UTENSILS (BY 179
MACHINE) ACT, 2006
9. Appeal.–– Any person aggrieved by any order of the prescribed
authority under section 7 may prefer an appeal before the Special Tribunal
within a period of 90 days from the date of order.
10. Power to remove difficulties.–– If any difficulty arises in giving effect
to the provisions of the Act, the Government may, by order published in the
1[Official Gazette], make provisions, not inconsistent with the provisions of
the Act, as appear to it to be necessary or expedient, for removing the difficulty.
11. Power to make rules.–– The Government may, by notification in the
1[Official Gazette], make rules for carrying out the purposes of the Act.
–––––––
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government Gazette”.

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