The SAPPHIRE ACT, 1989 (1932 A. D.)

SAPPHIRE ACT, 1989
(Act  No.  XVI of  Svt. 1989)

THE SAPPHIRE ACT, 1989 (1932 A. D.)
(Act No. XVI of Samvat 1989.)
CONTENTS
Preamble.
SECTION. SECTION.
 1. Short title, extent and
commencement.
 2. Definitions.
 3. Precious stones to be the
property of the State.
 4. Prohibition as to keeping or
retaining in possession buying
or selling sapphire or ruby
within the State after three
months from promulgation of
this Act.
 5. Penalty.
 6. Offences congnizable and non-
bailable.
 7. Officers authorised to
prevent commission of
offences.
 8. Officers authoriscd to seize
sapphire or ruby or detain
search or arrest suspected
person when offence
committed.
 9. Application of Code of
Criminal Procedure.
10. Report to Magistrate of
seizure of property.
 11. Duty of Magistrate.
 12. Confiscation of seized
sapphires, rubies, weapons,
materials, tools, etc.
 13. Penalty for vexatious or
unreasonable seizure,
detention etc.
 14. Person in possession of
sapphire or ruby within the
State at the commencement of
this Act to make over such
sapphire or ruby to an
authorised officer, entitled to
30 per cent of the value.
 15. Value to be determined by
Minister-in-charge.
 16. Sapphire or ruby to be deemed
illicit if not produced as
required by section 14.
 17. Reward to informer.
18. Report of Mineral Survey
Officer to be used as
evidence.
19. Application of the provision
of this Act to any other
mineral.
20. Rule making power.
———
Amendments made (after 1956 edition) vide Act No.—
(i) XI of 1966.
———
SAPPHIRE ACT, 1989 389
THE SAPPHIRE ACT, 1989 (1932 A. D.)
(Act No. XVI of Samvat 1989.)
[Sanctioned by His Highness the Maharaja Bahadur vide
Development Department Notification No. 2 dated 10th October. 1932
and published in Government Gazette dated 12th Katik, 1989.]
An Act to Prohibit the unlicensed possession of sapphires and other
precious stones within the territories of Jammu and Kashmir State.
Whereas it is expedient to prevent theft of precious stones from
mines within the State, to prohibit and punish the unlicensed possession
thereof and particularly the theft of stones from the Paddar Mines,
transport thereof in the State and export 1[to any place outside the State]
by persons not licensed for the purpose ; It is hereby commanded as
follows :—
1. Short title, extent and commencement.—(i) The Act may be
called the Sapphire Act, 1989.
(ii) It shall extend to the whole of the Jammu and Kashmir State.
(iii) It shall come into operation immediately.
2. Definitions.—In this Act, unless there is something repugnant
to the context, the following words shall have the meanings attached to
them :--
(a) “precious stone” means corundum sapphire and ruby and
includes any other stone which 2[the Government may by a notification
in the Government Gazette declare] to be a precious stone for the purposes
of this Act;
(b) “sapphire or ruby” means sapphire or ruby from the Paddar
mines or elsewhere within the State territories which is in a crude
condition, either as more or less complete crystals, such as appear in the
pegmatite matrix, or broken fragments as are obtained from the detritus
on the hill side ;
(c) “export” means the taking out of the Jammu and Kashmir State
territories to any place outside such territories ;
(d) “transport” means the removal from one place to another within
the territories of the Jammu and Kashmir State ;
1. Substituted by A.I.O. 2008 for “in the British territory”.
2. Substituted by Act X of 1996 for the words “may by command of His Highnessthe Maharaja Bahadur and by notification in the Jammu and Kashmir GovernmentGazette be declared”.
SAPPHIRE ACT, 1989 391
392 SAPPHIRE ACT, 1989
(e) “Minster-in-charge” means a 1[Minister of the Government]
for the time being in charge of the Mining and Mineral Survey
Department ;
(f) “vessel” includes anything for the conveyance of property ;
(g) “Magistrate“ means a Magistrate of the first or second class or
any official or person specially empowered by 2[the Government] to try
cases under this Act ;
(h) “State territory” means the territory of the Jammu and Kashmir
State ;
(i) “Mineral Survey Officer” means and includes the mining office
of the Mineral Survey Department and any other officer of that
Department higher in rank or any officer empowered by 2[the
Government] by name or by office to carry .out all or any of the purposes
of this Act ;
(j) “Police Officer” means and includes all officers of the Police
Department of and above the rank of a constable ;
(k) “Customs and Excise Officer” means and includes every officer
of the Department of and above the rank of a jamadar ;
(l) “Revenue Officer” means any officer of the Revenue
Department of and above the rank of a lambardar ;
(m) “Forest Officer” means and includes every office of that
Department of and above the rank of a forest guard;
(n) “sapphire offence” means any offence punishable under this
Act.
3. Precious stones to be the property of the State.—All sapphires
and rubies and all precious stones as defined above found any where
within the State territory after three months from the date of the
promulgation of this Act shall be deemed to be the property of the State,
unless title thereof is vested in any person in accordance with the rules
made under this Act.
4. Prohibition as to keeping or retaining in possession buying or
selling sapphire or ruby within the State after three months from
promulgation of this Act.—Except as permitted by the Minister-in-charge
or under any rules promulgated under this Act, no one shall have, keep
or retain in his  possession or custody any sapphire or ruby within the
State territory after three months from the promulgation of this Act, or
1. Substituted by Act X of 2010 for “Minister of His Highness Government”.
2. In sections 2, 8 and 19 the words “the Government” substituted for words “HisHighness the Maharaja Bahadur” by Act X of 1996.
SAPPHIRE ACT, 1989 393
buy or sell or be otherwise a party to the transfer of any sapphire or ruby
or a precious stone as defined above or transport it or dig, cut or dress it.
5. Penalty.—Whoever, does any of the acts prohibited by
section 4 above shall, on conviction by a 1[Judicial Magistrate] be
punishable with imprisonment of either description which may extend
to two years or fine which may extend to Rs. 5.000, or both.
6. Offences congnizable and non-bailable.—All offences under
this Act shall be cognizable and non-bailable.
7. Officers authorised to  prevent commission of offences.—Every
Mineral Survey Officer, Forest Officer, Police Officer, Customs and
Excise Officer and Revenue Officer shall prevent, and may interfere for
the purpose of preventing, the commission of any sapphire offence under
this Act.
8. Officers authoriscd to seize sapphire or ruby or detain search
or arrest suspected person when offence committed.—When there is
reason to believe that an offence under this Act has been committed, any
Mineral Survey Officer or any Forest Officer above the rank of Ranger
or any Police Officer not below the rank of Sub-Inspector or any Officer
of the Revenue Department not below the rank of Naib-Tehsildar, or any
other officer specially authorised by 2[the Government] in this behalf
may without an order from a Magistrate and without a warrant—
(a) seize any sapphire or ruby with respect to which offence under
this Act is alleged to have been committed, together with all
weapons, materials, tools, boats, carts and cattle believed or
alleged to have been used in committing such offence ;
(b) detain, search or arrest any person against whom a reasonable
suspicion exists of his being concerned in any offence under
this Act :
Provided that every officer making any arrest under this section
shall without any unnecessary delay, take or send the person arrested to
the nearest Magistrate 3[x x x x ] or to the officer in charge of the nearest
police station ;
(c) detain and search in any open place any cart, car, pack-animal
or other conveyance which he has reason to believe to be used
for carrying sapphire or ruby in respect of which an offence
under this Act has been committed ; and
1. Substituted by Act XL 2 of 1966 for “Magistrate”.
2. See footnote under section 2.
3. Words “having jurisdiction in the case” omitted by Act XL of 1966.
394 SAPPHIRE ACT, 1989
(d) under a warrant issued by a Magistrate to him by name or by
virtue of his office enter and search any building, vessel or
place in which he has reason to believe sapphire or ruby to be
unlawfully kept or concealed and, in case of resistance, to
break open any door or remove any obstacle to such entry.
9. Application of Code of Criminal Procedure.—All warrants
issued and all searches made under section 8 shall be executed or made
in accordance with the provisions of the Code of Criminal Procedure in
force within the State.
10. Report to Magistrate of  seizure of property.—Every officer
seizing any property shall, without any unnecessary delay, make a report
of such seizure to the Magistrate; provided that when the offender is
unknown it shall be sufficient for the officer to make, as soon as possible,
a report of the circumstances of such seizure to his immediate superior
officer.
11. Duty of Magistrate.—Upon the receipt of any such report,
the Magistrate shall, with all convenient speed, take such measures as
may be necessary for the arrest or detention and trial of the offender and
the disposal of the property according to law.
12. Confiscation of seized sapphires, rubies, weapons, materials,
tools, etc.—All sapphires or rubies in respect of which an offence under
this Act has been committed and all weapons, materials, tools, vessels
and cattle used in committing it shall be liable to confiscation and, on
the conclusion of the trial or, in case of the offender being not known,
without any trial shall be made over by the 1[Judicial Magistrate] to the
Minister-in-charge of any officer appointed by him in writing by a
particular or general order. Such confiscation shall be in addition to any
other punishment prescribed for such an offence.
13. Penalty for vexatious or unreasonable seizure, detention etc.—
Any officer who vexatiously and without reasonable cause seizes any
property, retains or searches any person, animal or conveyance or enters
or searches any building, vessel or place without any belief that an offence
under this Act has been committed shall be punished with imprisonment
of either description which may extend to six months or with fine which
may extend to' Rs. 500, or with both.
14. Person in possession of sapphire or ruby within the State at
the commencement of this Act to make over such sapphire or ruby to an
authorised officer, entitled to 30 per cent of the value.—Notwithstanding
anything stated in this Act, any person who has in his possession or
1. Substituted by Act XL of 1966 for “Magistrate”.
SAPPHIRE ACT, 1989 395
custody any sapphires or rubies within the State territories at the
commencement of this Act may make over such sapphires or rubies to
the officer duly authorised for such purpose by the Minister-in-charge
within three months of the promulgation of this Act and shall be entitled
to receive 30 per cent of the value of such sapphires or rubies unless he
can prove a valid title thereto to the satisfaction of the officer appointed
by the Minister-in-charge in this behalf, in which case he will be entitled
to receive full value of such sapphire or ruby.
No person complying with the provisions of this section shall be
liable to prosecution under section 5 and no enquiry shall be made from
him as to the source from which he obtained such sapphire or ruby, unless
he volunteers to give this information in order to prove valid title to
such sapphires or ruby.
15. Value to be determined by Minister-in-charge.—The value of
the sapphires or ruby produced under section 14 by any person shall be
determined by the Minister-in-charge and his assessment shall be final.
16. Sapphire or ruby to be deemed  illicit if not produced as
required by section 14.—Any sapphire or ruby not produced as required
by the provisions of section 14 within three months of the promulgation
of this Act shall be deemed to be illicit.
17. Reward to informer.—Any person who is not  State official
and gives information which leads to the seizure of sapphires or rubies
as defined in this Act, shall be entitled to a reward not exceeding 30 per
cent, of the seized sapphire or ruby as the Minister-in-charge may
determine.
18. Report of Mineral Survey  Officer to be used as evidence.—
Any document purporting to be a report under the hand of any Mineral
Survey Officer of the State upon any sapphire or ruby duly submitted to
him for examination and report in the course of any proceedings under
this Act, may be used as evidence in any enquiry, trial or other proceedings
under this Act.
19. Application of the provision of this Act to any other mineral.—
1[The Government] may, by a notification printed in the Jammu and
Kashmir Government Gazette, apply the provisions of this Act to any
mineral other than sapphire or ruby.
20. Rule making power.—The Minister-in-charge may make rules
consistent with the provisions of this Act for the carrying out of the
objects of this Act.S
————
1. See footnote under section 2.

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