The Kerala Lime-Shells (Control) Act, 1957 (No.18 of 1958)

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ACT 18 OF 1959 
THE KERALA LIME SHELLS (CONTROL) ACT, 1957 
An Act to provide for the control of the acqu1"sition, sale, 
1upply and distribi.Ltion of lime-shells in the State of Ktrala. 
Preamble.- WHEREAS 1t is expedient to provide for the control 
of the acqursition, sale , supply and d'strJbutiOn ofhmeshells m the State 
of Kerala, 
BE 1tenacted m the Ninth Year of the Repubhc of Inrl1a. as foUows:-
1. Sho rt title, e~tent and com:nt~11cement.-· ( 1) ThtM Au~ ma.y Le 
called the Kerala Lnne-sheHs (Control) Act, 1958. 
(2) It extends to the whole of the State of Kel'ala 
{3} Thts sect1on shall come into force at once, and the Govern­
ment may, from time to time , by nottficat10n m the Ga-zette, direct that 
the rest of this Act shall come mto force 111 the whole or any portwn of the 
State w1th effect from such date as may be spec1ned in the notification 
2. Definitions. - (I) In th1s Act, unless the context otherwise 
requues.-
(a) "dealer" means a person carrymg on., mther personally or 
through any other person the busmess of sellmg hme shells, whether 
whoJosale or retatl, 
(b) " Licensing Authonty" means an officer appomted by the 
Government to perform the functwns of a Lteensmg Authonty under 
this Act, 
(c) ''Lime-shells .. means the shells of all varteties of shellfish 
by whatever name called, 
(d) "offer for sale" mcludes an intima ·tton by a dealer or pro­
ducer of the price proposed by him for a sale of hme-shells made by the 
pubhca.tion of a prtce ltst , by exposmg Jus hme.shells for sale in assocJ.a· 
t10n wtth a mark md icating pnce, by the furmshmg of a quotation or 
·otherwise howsoever, 
(e) "prescribed" means prescribed by rules made under t]us Act, 
(f) "producer" means a person carrying on the busmess of 
coUectmg hme-sheUs and stockmg the same for sale. 
(2} A dealer or prorlucct shall be deemed to be in poss<'ssion of 
lime-shells.- • 
(a) '"hen they are held on his behalf by another person; 
(b) notw1thstandmg that they are mortgaged to another person. 
3. Licensing of dealers and producers.- (I) No person other than 
a dealer or producer licensed under this sectiOn, ~;hall carry on the 
busmess of selling hme.shells or of collectmg hme -shetls and stocking 
the same for sale . 
Published in the Gazette Rxtraordlnuy dated 26th March 1958 
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(2) E,·ery person, who carncs on or "'ishes to ca.rry on, the 
busmess of selhng hmc-sbelfs or of collectmg hme-shells and stocking the 
same for sale, shaH make an application m the presrnbed form for a. 
licence to the Ltcensmg Authority. 
(3) The L1censmg Authority may grant a licence in such form 
and subJeCt to such terms and condtt10ns as may he prescnbed, or may 
refu se to grant a. hcence, m wh1ch case hE' shall communicate hts reasons 
for such refusal to the applicant. 
(4} Th<> L1censing AuthoTJty may, at any t.1me durmg the 
currency of a hcence, rcscmd the licence by order m wntmg to the 
hccnce holder, for a•breach of any of the terms anrl oondtttonq of the 
licence. 
(5) Any person a.ggneved by an order of the L1censing Authonty 
under sub sectton (3) or sub sect10tT (4) ma.y appea.l to such authortty, 
and "tthm such t1me, and in such form , as may be prescnbed , the 
appeal shall bo he1ud by the prescnbed a.uthonty m such manner as 
m~y be prescnbed , a.nd the decLSJOn of that authortty on the appeal 
shall be final. 
4 Fu;tng of m!.tXimum p1 icu and maximum qu.antttiu whtch may be 
held ot sold.-(1) The G<>vernment may, by notifi catiOn m the Gazette, 
fiix m 1espect of hme-she1ls-
(a) the ma.xunum pnce or rate which may be charged by a 
dealer or producer, 
(b) th r maXJmum quanttty which may at any one time be 
possessed by a dealer or producer, 
(c) the ml'n .. 1mum quant1ty which may in any one transactiOn 
be sold to any one peTson. 
(2} The pnces or rat-es and the quantities fix.ed 111 respect of 
•ltme-shellS UI'tder t}HS f>eCtiOn may be rufferent lJl dtffetent locahtteS Or 
for dlfferut classes of dealers or producers . 
G. Restrtctwns on 'lale, elc., w"e1e maxtmum is fi.xtcl u11der 6edcian 4.­
No dealer or producer hcensed under th•s Act shall-
(a.) sell, agree to selJ, offer for sale o\ otherwtsP dLspose of lune­
ehclls for a pr1ce or at a ra.te exceedmg the ma.xtmu ra fixed uy notifica­
tion under cla.uc;e (a) of sub-&eetton ( 1) of sect ton 4-, 
(b) hl\YC m Jus p!lc..se<;.&ron a l any one ttmc .1 quan tzty of hme ­
shel1s exceedmg the tna)l.tmum fixed by nottfi.caLIUn 1.111der cln.usc (b) of 
sub-sect •on (l) of sc(,tJoa 4, or 
(c) sel'l, agree to seiJ or offer for sale to any person .La a.oy ono 
t 1 nnsac,t10n a quantity of bme-shells exceed mg the maximum fixed by 
uottficahon under dau se (c) of sub-sectiOn (1) of sectiOn 4 
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6. Du'y to declare possission of txetS'l Block$ - Any dea.ler or 
producer licensed nnder this Act, having m his possession a qun.nt1ty of 
Jime-sheHs excecdmg tl1a.t permJtted under thiS Act, sha.ll forthwith 
report the fact to the L1censing Autbor1ty and shaH take suc h action 
as to the storage, chstnbutaon or disposal of the excess quantity a.s the 
I ... icensmg Authority ma.y direct, 
7. Rejmal to sell.-No dealer or producer licensed under t hjs Act 
shall. unl ess perviously authonsed to do so by the Licen<3 mg Authonty, 
refuse, w1thout suffic1ent cause, to sell to nnv person lime-shells w1tbin 
the Jim1ts as to qu<tnt1tv, if any, 1mpoRed under thi~ Act 
Explanation.-The possibility or expert:1.t10n o( obtaining fl. b1ghcr 
price for hme-shells at a later da.te shall nob be deemed to hC' a suffit'ient 
cause for the purposes of th1s section. 
8. Cash memora11dum to be given.-(1) Every dea.l~r or prodncer 
licensed under this Act, ~hen selling Jime-shells for cnsh shall, if the 
amount of the purchase lS five rupees or more. in all C3S('S , ~md tf the 
amount of the purchase is less than five rupees, when so reqmred by the 
purchaser, give to the purchaser a. ca.sh memorandum conta.in mg suc h 
particulars of the transactton as may be prescnbed . 
(2) The Government may, by notJfie&tton m the Gazette, exempt 
specified areas or classes of dea.lers or producers licensed under this Act 
from the operation of th1s sectiOn 
S. Proh.ibiti.<Jn of sale, etc -If. m the opm10n of the Govemment, 
1t is necessary or exped1ent eo to do, they ma.y by ol'der m wntmg -
(a) proh1b1t the d1sposal of 1Jme-sJ1ells except m such cJrcnm­
ijtances and under such condtttOns as may be specified m the order 
(b) drrect the ~;a le of JJme-shells to any suc h dealer or class of 
dealers licensed under th1s Act and m such quantttics a.a may be spec ifi­
ed m the order, 
and may make such further orders as appear to them to be necessary 
or e~ped t ent in connectiOn w1th a.ny order issued under th1s sect ion. 
10. Ptnalitt>s - (I ) Whoever cont ravenes any of the proviaJons of 
thts AGt or nny of the terms and cond1t1ons of a. hcenct" 1ssued under 
this Act or any directwns made under author1ty conferr<'d by this Act, 
shaH be punishable wtth unprisonment for a. term w1th m~~>y extend to six 
months, or w1th fine, or wtth both . 
(2) A court convJCtmg any person of any offence pumsha.ble 
und e r this Act may order thnt the stock of lime-shells m respect of 
which the offence was committed a.nd any property involved m or uti1is­
ed for the comm1ssion of such offence shall be forfeited to the Govern­
ment . 
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11. OJ!tnUst. by companies.-( l) If the person contra.vemng 
the prov isions of tins Act 1s a. company, every peraon, who , at the 
time the cont.1'AventJOn \\'a!S committ ed was m charge of and \\o&S 
respons ible to Lhc eompnny for the conduct of the busmess of the 
company as "c11 as the company, shall be deemed to be guilty of the 
contr.l.ventJOn and shall be liable to be proceeded agamst and punished 
accordmgly: 
ProvJded that nothing contained JD th1s sub -section shall rende r 
any such person hable to any pumshment if he proves that the con­
tr~\ventton took place \\ 1thout Ins knowledge or that he exercised atr 
due diligen ce to prevent such contravent10n. 
(2) Notwithstandidg anything contamed in sub- sect:ton (l L 
where an offence under th 1s Act has been comm1tted by a company and 
it 1s proved that the offence has been committed with tha consent or 
<'onn1vance of. or ts attnbutable to any neglect on the pal't 'Of any 
dtrector, manager, secretary or other officer of the company , such 
dtrector, manager, secretar y or other officer shall also be deemed to be 
gu1lty of tl1nt offence and shall be hable t.o be proceeded agamst and 
pumshcd accordmgly. 
ExplaMtron.-For the purposes of th1s eection-
(a) "company" means any body corporate, and mcludes a firm 
OJ' other a:ssot'iation of indlvldtlals, nnd 
(b) "di rector " , m relatton to a firm, mean s 1\. partner m the firm 
12 Offences under the Act to bt cognisa-ble.- Not"'1th standmg 
anything contam ed in the Code of Crimmal Procedure, 1898 (Central 
Act V of 1898) a.IJ offences under tlus Act sha.ll be cogmsab le .. 
13. Pro'ctdure.-No person other than a pubce officer of or above 
the rank of au Inspector of Pohce shall mvestigate any offence unde r 
this Act. 
, 14.Powers of search and setzure.-Any person competent to mvestJgat& 
any offence under this Act may seareh any place m which he has reason 
to beheve tha t an offence under this Act has been, or ts bemg, or Js 
about to be, comm1tted and take possess10n of a.ny stock of l1me-sheJls 
in respect of\\ b1eh the offence has been, or is bemg, or 1.s about to be. 
comm1tted and any property mvolved in or utiltsed for the commtssion 
of such offence 
l5. Protectwn of a.rtion taken in good Jatth.-No Smt, prose­
cutlOn or othe r legal pro(')eerlings shn.IJ he agamet any perwn for anyth~ 
mg whtch IS m good fattll done or mtended to be done under thts Act. 
16. Ext>mpttons.-(1) The provtswns of th1-> Act sha ll not app ly 
to the collectiOn, stockmg or selling of hme-shell .. by any person a_s 
curtos or for makmg ornaments . 
(2) SubJect to such condttions and restrict ions a.s the Govern ­
m<>nt ma.y thmk fit to tmpose, they may, by gene ra l or spec1a.l order 
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notifi erl in t he Gazctt.e , exe mpt from all or a.ny of the provisions of 
this Act, any person or class of perso ns who.-
(i} coll<"~t hme-shell and stoc k them for conve rsion into lime 
for use as an mgredi ent in chewmg mat<>r1al, or 
(1i) collect and sell hme-shells for the edtble content thereof. 
17. Power to make rules.- (1) The Governm ent may ma.kn rul es 
to carry out the purposes of thts Act 
(2) In part1cular and wathout prCJUdtce to t he genera.ht y of the 
forcgomg power such rules may provide for all or a.ny of the followmg 
matter~ , namely:-
(a) c1.ll matters expressly teqmred or a llowed by thts Act to be 
prescr ibed, 
(b) the charging of fees for hcen'3es Issued und er tlu s Act, 
(c) the mamtena.nce by hcen<.>ed dealers and p1•oducera generally 
or by any hcensed dealer and produce r in parti culat·, of records of all 
sale and purchase transactiOns or dtspo sats mad e by hrm , and the 
product10n of such records to the Lrccnsmg Authonty . 
(d) the fum ashmg of such information a.s may be reqmred by 
the Licensmg AuthorJt y with respect to the bac;iness <n.rned on by any 
dea.ler or producer, 
{e) the furru shmg of returns to the L1cen3mg AuthQr,•ty by 
licensed d ealers and producers and the pa.rttculars whtch suc h retu rns 
shall contain. 
(3) All rules made under this Act shall be p u bJisbcd in t he 
Gazette. 
18. Repeal.-The Trava.n core-Cochm Lime -shells (ControJ) Act, 
1956. 18 hereby repea led. 
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