The JAMMU AND KASHMIR SAFFRON ACT, 2007

SAFFRON ACT, 2007
(Act No. V of 2007)

THE JAMMU AND KASHMIR SAFFRON ACT, 2007
(Act No. V of 2007)
CONTENTS
SECTION.
1. Short title, extent and commencement.
2. Definitions.
3. Notification of Saffron Belts.
4. Prohibition on conversion of  land.
5. Penalty for conversion.
6. Registration.
7. Regulation for stocking, sale and export of saffron of standard quality.
8. Application, cancellation, fee payable and other matters relating to
registration.
9. Appeal.
10. Prescription of grade designation.
11. Compulsory grade designation.
12. Quality control.
13. Appeal.
14. Phyto-Sanitary Certificate.
15. Packing of Saffron.
16. Import.
17. Penalty for unauthorized marking with grade designation mark.
18. Penalty for counterfeiting grade designation mark.
19. Penalty for selling misgraded/misbranded saffron.
20. Adulteration.
SAFFRON ACT, 2007 423
21. Other Penalties.
22. Offences by companies.
23. Prosecution.
24. Jurisdiction.
25. Price control.
26. Protection of actions taken in a good faith.
27. Act to have overriding effect.
28. Power to make rules.
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SECTION.
THE JAMMU AND KASHMIR SAFFRON ACT, 2007
(Act  No. V of  2007)
[Received the assent of the Governor on 21st February, 2007 and
published in Government Gazette dated 26th February, 2007].
An Act to provide for regulating the quality of saffron and to ensure
its genuineness for sale and export and for matters connected therewith
or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-
eighth Year of the Republic of India as follows :—
1. Short title, extent and commencement. ––(1) This Act may be called
the Jammu and Kashmir Saffron  Act, 2007.
(2) It shall extend to 1[the whole of the Union territory of Jammu and
Kashmir].
(3) It shall come into force on such date2 as the Government may, by
notification in the 3[Official Gazette], appoint and different dates may be
appoined for different provisions of the Act and for different areas.
2. Definitions.—In this Act unless the context otherwise
requires,—
(a) ‘Act’ means the Jammu and Kashmir Saffron Act, 2007 ;
(b) ‘Appellate Authority’ means the Commissioner/Secretary
Incharge of the Agriculture Department  ;
(c) ‘Container’means a box, casket, tin, bag, wrapper for packing of
saffron as the case my be ;
(d) ‘Enforcement  Inspector’ means the Enforcement Inspector or
any other officer of the Agriculture Department not below the
rank  of a Gazetted Officer declared as such for enforcing the
quality of the saffron ;
SAFFRON ACT, 2007 425
1. Substituted for “the whole of the State of Jammu and Kashmir” by S.O. 1229(E) dated 31.03.2020.
2. Enforced vide SRO-81 dated 26-02-2010 w.e.f. 1st March, 2010.
3. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
426 SAFFRON ACT, 2007
(e) ‘Export’ means taking out of  State saffron to any other place ;
4[(f) ‘Government’ means the Government of the Union territory of
Jammu and Kashmir ;]
(g) ‘Grade’ means any of the grades of dried saffron, as prescribed
by the Bureau of India Standards (B. I. S. ) ;
(h) ‘Import’ means bringing into State saffron from any place out-
side the State ;
(i) ‘Labelling’ means depicting the grade, mark, weight and
constituents of saffron on the container or pack as the case may
be  ;
(j) ‘Phyto-sanitary Certificate’ means the certificate issued by the
Director of Agriculture concerned or any other authority as may
be notified by the Government in this behalf with respect to the
health and grade of dried saffron  ;
(k) ‘Prescribed ’ means as prescribed by rules made under this Act ;
(l) ‘Quality Control Laboratory’ means quality control laboratory
already notified by the Government of India and  includes any
laboratory as may be notified by the Government from time to
time ;
(m) ‘Registration Authority’ means the Director Agriculture
concerned and shall include such other officer not below the rank
of Joint Director, as the Government may appoint for any area ;
and
2[(n) ‘State’ means the Union territory of Jammu and Kashmir.]
3. Notification of Saffron Belts. ––(1)  The Government may, by
notification in the 3[Official Gazette], notify the Saffron Belts in
Districts of Pulwama and Doda and potential saffron growing belts in other
districts of the State.
1. Clause (f) substituted by S.O. 1229(E) dated 31.03.2020.
2. Clause (n) substituted ibid.
3. Substituted for “Government Gazette” ibid.
SAFFRON ACT, 2007 427
(2) On issuance of the notification under sub-section (1), no land within
the area so notified shall be used  for any purpose other than growing of
saffron lullis :
Provided that an area not exceding two Kanals of  land may be used
for construction of residential house by owner with the previous
permission of the 1[Deputy Commissioner of the concerned District in
consultation with Director Agriculture].
(3) The Government shall undertake directly or through
universities or other agencies studies of the problems of saffron in areas
notified under sub-section (1) or sub-section (2).
4. Prohibition on conversion of  land. ––(1)  Notwithstanding any thing
to the contrary contained in any other Law for the time being in force no
land which grows or has been growing within the preceding two years, saffron
lullis shall be used for any other purpose without previous permission in
writing of the Agriculture Minister.
(2) The land under cultivation of saffron lullis shall not be used for
construction (commercial or residential) or for brick kilns.
(3) No material change shall be made in the land referred to under
sub-section (2).
5. Penalty for conversion.–– Any person who uses such land in
contravention of the provisions of section 3 or section 4 shall be
punishable with imprisonment for a term not exceeding one year and fine
not exceeding rupees ten thousand.
6. Registration. ––(1) Every person carrying out trade in saffron shall
before the expiration of one month from the date on which he undertakes
such trade or before the expiration of two months from the date of coming
into force of this section, apply to the Registering Authority to be registred
as a trader of saffron :
Provided that the Registering Authority may, for sufficient reasons,
extend the time limit for registration by such period as it thinks fit.
(2) Registration once made shall  continue to be in force until it is
cancelled by the Registering Authority.
1. Substituted for “Agriculture Minister” by S.O. 1229(E) dated 31.03.2020.
428 SAFFRON ACT, 2007
7. Regulation for stocking, sale and export of saffron of standard
quality. ––(1) The Government shall regulate stocking and export of  saffron
of standard quality and for this purpose make arrangements for registration
in the prescribed manner in which certificating and export  permits are to be
issued, the contents of such certificate or export permit and registration
thereof by the Registering Authority.
(2) The Government shall promote sale and  marketing of saffron and
may for this purpose forge links with established marketing agencies
wherever necessary or feasible.
8. Application, cancellation, fee payable and other matters relating
to registration.–– The form of application for registration under section 6
or section 7 and for cancellation of such registration, the fee payable on
such applications, the particulars to be included in such applications and
the procedure to be followed in granting and cancelling registration shall be
such as may be prescribed.
9. Appeal. ––(1) Any person aggrieved by an order of the
Registering Authority under section 6 or section 7 may appeal to the
Appellate Authority in the prescribed manner.
(2) No appeal shall be entertained after the expiry of two months from
the date of the order.
(3) The Appellate Authority may, after affording a reasonable
opportunity to the parties, pass such orders as it may deem just and proper.
(4) An appeal under sub-section (1) shall be decided, as far as
practicable, within a period of three months.
10. Prescription of grade designation.–– The Government may, by
notification in the 1[Official Gazette], provide for all or any of the following
matters, namely :—
(a) fixing grade designations to indicate the quality of saffron ;
(b) defining the quality  indicated by every grade designation ;
(c) specifying grade designation marks to represent particular grade
designations ;
1. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
SAFFRON ACT, 2007 429
(d) authorizing a person or a body of persons, subject to any
prescribed conditions, to mark with a grade designation, mark
saffron in respect of which such mark has been prescribed or any
covering containing or label attached to such saffron  ;
(e) specifying the conditions referred to in clause (d) including in
respect of conditions as to the manner of marking, the manner in
which the saffron shall  be packed, the type of covering to be
used , and the quantity by weight, number or otherwise to be
included in each covering  ; and
(f) providing for the confiscation and disposal of saffron marked
otherwise than in accordance with the prescribed conditions with
a grade  designation mark.
11. Compulsory grade designation. ––(1) Saffron shall not be sold or
distributed in the State, unless it is marked with the grade designation mark
in the manner prescribed.
(2) Whoever contravenes the provisions of sub-section (1) shall be
punishable with imprisonment for a term not exceeding six months and fine
not exceeding ten thousand rupees.
12. Quality control. ––(1) The Enforcement Inspectors and such other
officers of the Agriculture Department as the Government may, by
notification in the 1[Official Gazette], appoint, shall be authorized to take
such steps as may be necessary for implementing the provisions of the Act
and the rules made thereunder .
(2) Without prejudice to the generality of the powers under sub-
section (1), the Enforcement Inspectors may—
(i) take samples of saffron from—
(a) any seller, retailer, wholesaler or other trade ;
(b) any purchaser, consignee or transporter for quality analysis ;
(ii) seize entire quantity of saffron, being exported by any trader or
transporter or other agency in respect of which any offence under
the Act has been committed, for quality analysis ;
1. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
430 SAFFRON ACT, 2007
(iii) send the sample of saffron to the Quality Control Laboratory for
analysis,  and —
(a) deliver one sample to the person from whom it has been
taken ; and
(b) retain the remaining sample for production, in case any legal
proceedings are taken or for analysis by the Central Quality
Control Laboratory, as the case may be ;
(iv) enter and search, at all reasonable times, with such assistance as
he considers necessary, any place in which he has reason to
believe that any offence under the Act has been, or is being
committed, and order in writing to the person in possession of
saffron, in respect of which the offence has been or is being
committed, not to dispose of any stock of such saffron for a
specific period not exceeding 30 days or seize the stock of such
dried saffron or direct the posssessor to remove the defect in
such saffron in his presence ;
(v) examine any record, register, document or any other
material   object found in any place mentioned in clause (iv) and
seal the same, if he has reason to believe that it may furnish
evidence of the commission of an offence punishable under the
Act ; or
(vi) break open any container/bag in which the saffron of any
notified grade may be contained or to break open the door of any
premises where such saffron may be kept for sale.
(3) If the person, from whom the samples have been taken refuses to
accept one of the samples, the Enforcement Inspector shall send
intimation to the Seed Pathologist, heading the Seed Pathology
Laboratory and Agriculture Chemist, heading the Quality Control Laboratory
and where chemical analysis is to be carried out of the samples, of such
refusal and there upon the Seed Pathologist receiving the sample for analysis,
shall  divide it into three parts and shall seal or fasten up one of these parts
and shall cause it, either upon receipt of the sample or when he delivers his
report, to be delivered to the Enforcement Inspector or other officer who
shall retain it for production in case legal proceedings are taken.
SAFFRON ACT, 2007 431
(4) Where the Enforcement Inspector takes any action under sub-
section (2), he shall, as far as possible call not less than two persons to be
present at the time when such action is taken and their signatures on a
memorandum to be prepared in the prescribed form and manner.
(5) The provisions of the 1[Code of Criminal Procedure, 1973 (2 of
1974)], relating to search or seizure shall, so far as may be, apply to any
search or seizure under this section.
(6) Any person who prevents any Enforcement Inspector from       taking
samples or prevents them from exercising any other power under the Act,
shall be punishable with imprisonment for a term not exceeding six months
and fine not exceeding ten thousand rupees.
13. Appeal.–– Any person aggrieved with the order of the
Enforcement Inspector may file appeal to the Director of Agriculture
concerned within thirty days from the date of such order.
14. Phyto-Sanitary Certificate. ––After test of the samples or quantity
meant for export, the Director of Agriculture concerned or any other authority
notified by the Government shall issue Phyto-Sanitary Certificate in the
prescribed manner as to quantity of the saffron.
15. Packing of Saffron. ––(1) Saffron to be exported by a trader or
exporter shall be packed in Papier Mache boxes of different sizes, as per
requirement viz. 50 gram, 100 gram, 200 gram boxes, 500 gms/1000 gms/
2000gms or plastic boxes of the same dimensions and shall be labelled
properly.
(2) Saffron for local consumption shall be packed in plastic boxes of
5grams, 10 grams, 20 grams and 40 grams and labelled properly.
(3) Saffron for industrial houses shall be packed in boxes of 1000 grams,
and 2000 grams.
(4) The grade and contents (chemical composition) of the saffron,
packed in a given box shall be pasted on the box or packet.
16. Import. ––(1) Any person, trader, or company, intending to  import
dried saffron into the State, shall inform Director of Agriculture concerned
one month in advance of such import indicating therein the quantity to be
imported and source.
1. Substituted for “Code of Criminal Procedure, Samvat 1989” by S.O. 1229(E) dated 31.03.2020.
432 SAFFRON ACT, 2007
(2) Such saffron shall be sold in the State in the prescribed
manner.
17. Penalty for unauthorized marking with grade designation mark.—
(1) Whoever marks saffron packing, not being authorized to do so under the
Act or the rules made thereunder, shall be punishable with
imprisonment for a term not exceeding one year and fine not exceeding twenty
thousand rupees.
(2) Whoever imports saffron and marks its packing with a grade
designation mark or brand name to indicate that it is a local product or
sells it as ‘Kashmir Saffron’ under any brand name or mark, shall be
punishable with imprisonment for a term not exceeding one year and fine
not exceeding fifty thousand rupees.
18. Penalty for counterfeiting grade designation mark.—Whoever
counterfeits any grade designation mark or has in his possession any dye,
plate or other instrument for the purposes of counterfeiting a grade
designation mark with respect to saffron, shall be punishable with
imprisonment for a term not exceeding one year and with fine not exceeding
twenty thousand rupees.
19. Penalty for selling misgraded/misbranded saffron.— Whoever sells
saffron which is misgraded/misbranded shall be punishable with
imprisonment for a term not exceeding six months and fine not exceeding
ten thousand rupees.
20. Adulteration.—Whoever adulterates saffron, or sells such  saffron
in the State , shall be punishable with imprisonment for a term not exceeding
two years and fine not exceeding twenty thousand rupees.
Explanation.—For purposes of this section, saffron shall be deemed to be
adulterated :—
(i) If it contains any substance which affects injuriously the
nature, substance or quality thereof :
(ii) If any inferior or cheaper substance has been mixed with it
or wholly substituted for it ;
(iii) If any of its constituents has been wholly or in part
abstracted so as to affect the nature, substance or quality
thereof ;
SAFFRON ACT, 2007 433
(vi) If it has been packed or kept under insanitary conditions
whereby it has become contaminated or injurious to health
or whereby its quality has deteriorated ;
(v) If different grades or brands of saffron have been mixed
and   offered for sale under one grade or brands, as the case
may  be ; or
(vi) If the quality or purity of saffron is below the prescribed
standards.
21. Other Penalties.— Whoever attempts or abets the contravention
of any provisions of the Act or of any rule made thereunder, shall be
punishable with imprisonment for a term which may extend to one year and
with fine which may extend to ten thousand rupees.
22. Offences by companies.— Where an offence under the Act is
committed by a company, the person who has been nominated to be in charge
of and responsible to, the company (hereinafter in this section referred to as
‘person responsible’) or if no person has been nominated, every person who
at the time of commission of offence was in charge of, or was responsible
to, the company for the conduct of its business  and the company shall be
deemed to  be guilty of  the offence and shall  be proceeded against and
punished accordingly :
Provided that nothing contained in this section shall render any such
person liable to any punishment under the Act if he proves that the offence
was committed without his knowledge.
23. Prosecution.— No court shall  take cognizance of any offence
punishable under the Act except upon a complaint in writing made by—
(i) the Government ;
(ii) Registering Authority or any officer authorized by the
Government in writing ;
(iii) the person aggrieved ; or
(iv) a recognized consumer association.
Explanation.—For the purpose of this section, recognized consumer
association means a voluntary consumer association
434 SAFFRON ACT, 2007
registered under the Companies Act, 1956  or any other law
for the time being in force.
24. Jurisdiction.—The offences punishable under this Act shall be
triable by a Judicial Magistrate not below the rank of Chief Judicial
Magistrate.
25. Price control.—(1) The Government may, by order, fix in      respect
of saffron of any description, grade or mark specified therein the    maximum
price or the minimum price or maximum and minimum price which may be
charged by a grower, dealer, wholesaler or retailer of saffron.
(2) Whoever contravenes the provisions of sub-section (1) shall be
punishable with imprisonment for a term not exceeding six months and fine
not exceeding ten thousand rupees.
26. Protection of actions taken in a good faith.—No suit, prose- cution
or other legal proceeding shall lie against the Government, Appellate
Authority, Registering  Authority or any officer or employee of the
Government authorized by the Government for any thing which is in good
faith done or intended to be done under the Act or the rules made thereunder.
27. Act to have overriding effect.—The provisions of the Act shall
have overriding effect notwithstanding  anything inconsistent therewith
contained in any other law for the time being in force.
28. Power to make rules.—(1) The Government may, by notification in
the 1[Official Gazette], make rules for carrying out the purposes of the Act.
(2) Without prejudice to the generality of the foregoing power, rules
made under this section may provide for —
(i) the manner in which certificating and export permits are to be
issued and registration thereof is made under sub-section (1) of
section  7 ;
(ii) the contents of such certificate and export permit ;
(iii) the form of registration under section 6 or section 7 and of
cancellation of such registration as provided under section 8 ;
1. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
SAFFRON ACT, 2007 435
(iv) the fees payable on such forms and applications ;
(v) the particulars to be included in such forms/applications ;
(vi) the procedure to be followed in granting and cancelling such
registration ;
(vii) manner and procedure of appeal under section 9 ;
(viii) manner of marking saffron with the grade designation mark ;
(ix) issuance of Phyto-Sanitary Certificate under section 14 ;
(x) selling of dried saffron imported in the State ; and
(xi) such other matters as are, or may be, required to be prescribed
under the Act.
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