The JAMMU AND KASHMIR NAMDHA QUALITY CONTROL ACT, 2010 ( 1953 A.D. )

NAMDHA QUALITY
CONTROL ACT, 2010
( Act No. VI of Samvat 2010 )
NAMDHA QUALITY CONTROL ACT, 2010 (1953 A. D.) 303
Section.
1. Short title, extent and commencement.
2. Definitions.
3. Registration of manufacturers.
3-A. Registration of dealers.
4. Allotment of marks.
5. Constitution of Board.
6. Function of the Board.
6-A. Appointment of Inspectors.
6-B. Power to enter and inspect.
6-C. Maintenance of registers and records and display of notices.
6-D. Penalty for obstructing Inspec-tors, etc.
6-E. Penalties.
6-F. Penalty where the person contravening is a firm or a company.
6-G . Cognizance of offences.
7. Punishment for export or sale.
8. Exemptions.
9. Power to make rules.
THE JAMMU AND KASHMIR NAMDHA QUALITY
CONTROL ACT, 2010 ( 1953 A.D. )
(Act No. VI of Samvat 2010)
CONTENTS
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NAMDHA QUALITY CONTROL ACT, 2010 (1953 A. D.) 305
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Jammu and Kashmir State”.
2. Substituted ibid for “whole of the State of Jammu and Kashmir”.
3. Enforced on the 1st day of May, 1960. (Published in Government Gazette dated 9-2-1961).
4. Now Official Gazette.
5. Clause (bb) inserted by Act XIX of 1963.
THE JAMMU AND KASHMIR NAMDHA QUALITY
CONTROL ACT, 2010 (1953 A.D.)
(Act No. VI of Samvat 2010)
[Received the assent of the Sadar-i-Riyasat on 15th May, 1953 and
published in Government Gazette dated 15th Jeth, 2010.]
An Act to improve the trade and quality of Namdha in the 1[Union terri-
tory of Jammu and Kashmir] and to make certain regulations for the same.
Whereas it is expedient to improve the trade and quality of Namdhas in
the 1[Union territory of Jammu and Kashmir] and to make certain regulations
for the same ; It is hereby enacted as follows :––
1. Short title, extent and commencement. —(1) This Act may be called
the Jammu and Kashmir Namdha Quality Control Act, 2010.
(2) It shall extend to the 2[whole of the Union territory of Jammu and
Kashmir].
3(3) It shall come into force from such date as the Government may, by
notification in the 4[Government Gazette], appoint.
2. Definitions.–– In this Act, unless there is anything repugnant in the
subject or context,––
(a) “the Board” means Quality Control Board to be constituted under
section 7 of this Act ;
(b) “competent authority” means an officer who shall be declared as
such by the Jammu and Kashmir Government in consultation with
the Board ;
5[(bb)“dealer” means a person carrying on the business of selling or
exporting Namdhas, whole-sale or in retail, and includes his agent
or an employee selling or exporting Namdhas on his behalf ;]
306 NAMDHA QUALITY CONTROL ACT, 2010 (1953 A. D.)
1. Clause (c) substituted by Act XXXV of 1966.
2. Substituted by S.O. 1229(E) dated 31.03.2020 for “Jammu and Kashmir State”.
2. Section 3-A inserted by Act XIX of 1963.
1[(c) “export” means export to any place in India outside the State or to
any foreign country ;]
(d) “exporter” means a person who applies for a certificate of quality
for the Namdhas proposed to be exported ;
(e) “manufacturer” means a person who has a bona-fide established
Karkhana in the 2[Union territory of Jammu and Kashmir] for get-
ting Namdhas made and inspecting and packing them, who either
manufactures in his own premises or gets them manufactured by
others under his instructions and/or contract ;
(f) “mark” means an exclusive identifying mark as representing the
goods of a particular manufacturer ;
(g) “Namdha” means a hand felted rug made of wool and cotton or all-
wool, plain or chain-stitch embroidered in different designs. It may
be of any size, provided the size is specified ;
(h) “prescribed” means prescribed by rules made under this Act.
3. Registration of manufacturers. ––(1) Every manufacturer shall,
before the expiration of two months from the date of commencement of
this Act, apply to the competent authority to be registered as a manufacturer.
The application shall be made in the prescribed form and shall be accom-
panied by the prescribed fee.
(2) A registration once made shall be renewable from year to year on
payment of the prescribed annual fee.
3[3-A. Registration of dealers. —(1)  Every dealer shall, within two months
from the commencement of the Jammu and Kashmir Namdha Quality Control
(Amendment) Act, 1963, or from the commencement of his business, as the
case may be, apply to the competent authority to be registered as a dealer. The
application shall be made in the prescribed form and shall be accompanied by
the prescribed fee.
(2) A registration once made shall be renewable from year to year on
payment of the prescribed annual fee.]
NAMDHA QUALITY CONTROL ACT, 2010 (1953 A. D.) 307
1. Now Official Gazette.
2. Inserted by Act VI of 1960.
3. Sections 6-A, 6-B, 6-C, 6-D, 6-D, 6-E, 6-F and 6-G inserted by Act XXXV of 1966.
4. Allotment of marks.—As soon as may be after registration is effected,
every registered manufacturer shall be allotted by the competent authority a
mark which shall be stamped on a Namdha manufactured by him.
5. Constitution of Board. ––(1) As soon as may be after the commencement
of this Act, the Government shall, by notification in the 1[Government Gazette],
constitute for the purpose of this Act a Board to be called the Namdha Quality
Control Board.
(2) The Board shall consist of five members, three official and two non-
official, to be nominated by the Government. Non-official members shall be
appointed from among the panel of names to be submitted by the Namdha
Traders Association 2[and Namdha Manufacturers Association], Srinagar. One
of the members shall be nominated by the Government as Chairman of the
Board. The term of non-official members shall not exceed two years.
6. Function of the Board. —(1) It shall be the duty of the Board to
promote, by such measures as it thinks fit, development of the Namdha trade.
(2) Without prejudice to the generality of the foregoing provisions, the
measures referred to therein may provide for—
(a) determining of qualities of Namdhas to be exported or sold for
export, and of specifications in respect of such qualities ;
(b) the form, size etc., of stamps to be stamped to such Namdhas and
other conditions to be observed in this respect ; and
(c)  procedure for export of Namdhas.
3[6-A. Appointment of Inspectors.–– The Government or any officer
empowered by it in this behalf may, by notification in the 1[Government Ga-
zette], appoint such persons as  it or he thinks necessary to be Inspectors for
the purposes of this Act, and may by general or special order, define the local
limits within which each Inspector shall exercise the powers and discharge the
duties conferred or imposed upon an Inspector by or under this Act.
6-B. Power to enter and inspect. —(1) Subject to any rules made by the
Government in this behalf, an Inspector may within the limits of his jurisdiction—
308 NAMDHA QUALITY CONTROL ACT, 2010 (1953 A. D.)
(a) enter and search, at all reasonable times and with such assistance,
if any, as may be necessary, any place or premises where he has
reason to believe, Namdha are stocked, sold or manufactured ;
(b) examine the Namdhas stocked, sold or manufactured in such place
or premises with a view to ascertaining the quality, size and speci-
fication of such Namdhas ;
(c) require the production of any register or any other documents kept
in pursuance of this Act or the rules made thereunder and take on
spot or otherwise statement of any person which he may consider
necessary for carrying out the purposes of this Act :
Provided that no person shall be compelled under this section to answer
any question or give any evidence tending to incriminate himself ;
(d) seize any stock of Namdhas in respect of which he has reasons to
believe that contravention of this Act or of any provision made
under sub-section (2) of section  6 has been or is being committed
and thereafter take all measures necessary for securing the produc-
tion of stocks so seized in a Court or for their safe custody pending
such production.
(2) The provisions of 1[section 100 of the Code of Criminal Procedure,
1973 (2 of 1974)] relating  to searches and seizures shall, so far as may be, apply
to searches and seizures under this section.
6-C. Maintenance of registers and records and display of notices.—
Every dealer, exporter and manufacturer shall maintain such records and registers
and display such notices and in such manners as may be prescribed.
6-D. Penalty for obstructing Inspectors, etc.–– Any person who
voluntarily obstructs an Inspector in the exercise of any power conferred on
him by or under this Act, or any person lawfully assisting an Inspector in the
exercise of such powers, or who fails without sufficient cause to comply with
any lawful direction made by an Inspector, shall be punishable with imprison-
ment which may extend to one month, or with a fine which may extend to one
hundred rupees, or with both.
6-E. Penalties.–– Any person who contravenes any of the provisions of
this Act or fails to comply with any provision made under sub-section (2) of
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “sections 102 and 103 of the Code of
Criminal Procedure, Samvat 1989”.
NAMDHA QUALITY CONTROL ACT, 2010 (1953 A. D.) 309
section 6 shall be punishable with imprisonment which may extend to one
month, or with a fine which may extend to one hundred rupees, or with both ;
and where such contravention relates to section 3 or 3-A of this Act, he shall
be punishable with a further fine not exceeding five rupees for each day on
which the contravention continues after conviction.
6-F. Penalty where the person contravening is a firm or a company.–– If
the person who contravenes any of the provisions of this Act, or who fails to
comply with any provisions made under sub-section (2) of section 6, is a
Company or a firm, every Director, Partner, Manager or Secretary thereof shall,
unless he proves that the contravention or non-compliance took place without
his knowledge or that he exercised all due diligence to prevent such contra-
vention or non-compliance, be deemed to be guilty of such contravention or
non-compliance.
6-G. Cognizance of offence.–– No Court shall take cognizance of any
offence punishable under this Act except on a complaint made by an Inspector
in that behalf :
Provided that no such complaint shall be made without previous
permission of the Government or any Officer authorised by it in this behalf.]
7. Punishment for export or sale.–– Whoever exports or sells for export
a Namdha not conforming to the quality, specifications or other conditions as
determined by the Board in pursuance of section 6 shall be punished with
imprisonment which may extend to six months, or with fine which may extend
to five hundred rupees or, with both.
8. Exemptions.–– The Government may, on the recommendation of the
Board, exempt any person or class of persons from all or any of the provisions
of the Act. The power to grant exemptions shall, however, be limited to the
stocks held by a manufacturer on the date of the commencement of this Act.
9. Power to make rules.–– The Government may make rules––
(a) prescribing the form in which applications for registration may be
made ;
(b) the fees to be charged for registration or for renewal of registration ;
(c) generally for carrying out the purposes of this Act.
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310 NAMDHA QUALITY CONTROL ACT, 2010 (1953 A. D.)

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