LexThe Tamilndau Silkworm Seed (Production Supply and Distribution) Act 1956
Tamil Nadu · state statute
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The Tamil Nadu Silkworm Seed (Production, Supply and Distribution)
Act, 1956
Act 23 of 1956
Keywords (s):
Cocoon, Rearer, Rearing, Silkworm, Silkworm Seed
1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution)
1[TAMIL NADU] ACT No. XXIII OF 1956. 2
[THE 1 [TAMIL NADU] SILKWORM SEED
(PRODUCTION,
SUPPLY AND DISTRIBUTION) ACT,1956.]
(Received the asent of the President on the 27 th October
1956; first published in the Fort St. George Gazett e on the
31 st October 1956).
An Act to provide for the regulation of the product ion,
supply and distribution of silkworm seed in the 3[State
of Tamil Nadu]
WHEREAS it is expedient to provide for the regulation of the
production, supply and distribution of silkworm see d in the
3[State of Tamil Nadu].
BE it enacted in the Seventh Year of the Republic o f India
as follows:-
1. (1) This Act may be called the 1[TAMIL NADU] Silkworm
Seed (Production, Supply and Distribution) Act, 1956.
(2) It extends to the whole of the
3[State of Tamil Nadu].
*(3) It shall come into force on such date as the
Government may, by notification, appoint.
Short title,
extent and
commence-
ment.
2. (1) In this Act, unless the context otherwise requires
Definitions.
(a) “cocoon” includes cocoon produced by mulberry
silkworms, tussar silkworms, muga silkworms and eri
silkworms, either green or stifled, live or pierced , dried or in
any other state or conditions;
1These words wee substituted for the word “Madras” b y the
Tamil Nadu Adaption of Laws Order, 1969, as amended by the Tamil
Nadu Adaption of Laws (Second Amendment) Order, 196 9.
2For Statement of Objects and Reasons, see Fort St. George Gazette,
Part IV-A, dated the 14 th March 1956, page 26.
3Thisexpression was substituted for the expression “ State of Madras” by
the Tamil Nadu Adaption of Laws Order, 1969, as ame nded by theTamil
Nadu Adaption of Laws (Second Amendment) orders 196 9.
*Deemed to have come into force on the 1 st November1956..
Silkworm Seed (Production, Supply and Distribution (1956 : T.N.Act XXIII)
(b) "Director" means the 1[Director of Industries and
Commerce, Tamil Nadu];
(c) "Government" means the State Government;
(d) "licensed buyer" means a person in charge of a charka
establishment or a filature establishment licensed under
this Act to purchase silkworm cocoons for reeling silk.
Explanation :- In this clause "charka establishment"
means an establishment where silk is reeled from si lkworm
cocoons with the help of any indigenous contrivance
utilizing manual labour for turning the reels and direct fire for
heating the water for cooking and reeling cocoons; and
"filature establishment" means an establishment whe re silk
is reeled from silkworm cocoons by utilizing power for
turning the reels and steam for cooking and reeling
cocoons;
(e) "rearer" means a person engaged in rearing silk worms
for the production of silkworm cocoons, whether for
reproduction or reeling;
(f) "rearing" includes all operations from the incu bation of
silkworm eggs and brushing of silkworms to the
harvesting of cocoons;
(g) ”silkworm” includes mulberry silkworms, tussar
silkworms, muga silkworms and eri silkworms;
(h) "silkworm seed" means silkworm cocoons, moths, eggs
or young silkworms of whatever description intended to
be used for the purposes of reproduction or rearing.
(2) If any question arises, whether:-
(a) any contrivance is a charka or not; or
(b) any crop is a cocoon crop or not; or
(c) any establishment is a filature or not,
1 This expression was substituted for the expression “Director of
Industries and Commerce, Madras” by paragraph 3(1) of the Tamil
Nadu Adaptation of Laws Order, 1970, which was deem ed to have
come into force on the 14 th January 1969.
1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution)
the question shall be decided by the officer in- charge of the
Sericultural section of the 1[Department of Industries and
Commerce, Tamil Nadu] and his decision thereon shal l be
final.
3. No person shall manufacture, store, transport, sell or
otherwise distribute silkworm seed except under and in
accordance with the terms and conditions of a
licence issued under this Act.
Regulation of
manufacture,
etc., of
silkworm
seed.
4. No person shall rear silkworms except under and in
accordance with the terms and conditions of a licen ce
issued under this Act. or from silkworm seed other than
silkworm seed obtained from a person who holds a li cence
issued under this Act.
Regulation of
rearing
5. No rearer shall dispose of, or agree to dispose of, or
in pursuance of an agreement entered into make delivery of,
any silkworm cocoons for reeling except to a licensed buyer.
Regulation of
disposal of
silkworm
cocoons
6. No rearer shall sell or agree to sell, and no licenced
buyer shall purchase or agree to purchase silkworm
cocoons for reeling, except in cocoon markets or c ocoon
market yards established under this Act, and at pri ces other
than those fixed from time to time by notification by the
Director.
Regulation of
sale or
purchase of
silkworm
cocoons for
reeling
7. No person shall carry on the business of reelin g silk
from silkworm cocoons unless he holds a licence iss ued
under this Act.
Regulation of
reeling
8. The prescribed officer may authorize any perso n in
writing to possess silkworm seed.
Regulation of
possession of
silkworm
seed:
9. Every application for the issue of a licence un der this
Act shall be made to such authority and in such for m as
may be prescribed.
Application for
licence.
1This expression was substituted for the expression “Department
of Industries and Commerce, Madras” by paragraph 3( 1) of Tamil
Nadu Adaptation of Laws Order, 1970, which was deem ed to
have come into force on the 14 th January 1969.
Silkworm Seed (Production, Supply and Distribution (1956 : T.N.Act XXIII)
Constitu tion
and powers of
market
committee.
10. (1) The Government may, by notification, establish a
market committee, with jurisdiction over such area as may
be specified in the notification.
(2) The market committee shall consists of a Chair man,
who shall be appointed by the Government and four
members elected on the following electorates as spe cified
below.-
(a) Silkworm rearers ... ... ... ... 2
(b) Charka reelers ... ... ... ... 1
(c) Filatures ... ... ... ... 2
(3) The powers, duties and functions of the market
committee shall be such as may be prescribed .
Regulation
and distri-
bution of
silkworm
seed.
11. (1) The Goverment may, from time to time, by
notification –
(a) specify the places at which cocoon markets or
cocoon market yards shall be located.
(b) Fix the basic price at which standard quality cocoons
for reeling may be sold or bought:
(c) specify, a sliding scale of prices for variati ons from
the standard quality calculated on the basic price;
(d) specify the sericultural areas in the State, t o be
served by each cocoon market where silkworm cocoons
produced within such areas shall be sold:
(e) assign zones and markets in which any licensed
buyer may carry on his business.
(2) After taking into consideration the quantity of silkworm
cocoons available in the State and the scale of ope rations
and consumption of silkworm cocoons by each license d
buyer, the Government may from time to time, by ord er
determine the quota of silkworm cocoons to be sold to
licensed buyers.
Power to
obtain
information
12. Any officer authorized in this behalf by the D irector
may, with a view to ascertaining whether the provis ions of
this Act and the rules, orders and notifications ma de
thereunder are complied with, by order, require any person
to furnish any information in his possession and sp ecified in
the order.
1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution)
13. (1) The Director or any officer authorized in this behalf
by the Director may, for the purpose of satisfying himself
that the provisions of this Act and the rules, orde rs and
notifications made thereunder are complied with, at any time
during business hours, enter and inspect any premis es,
godown, land or place used for rearing silkworms or for
storing cocoons or silk; and every owner, occupier or person
in charge of such premises, godown, land or place s hall
give every reasonable assistance to the Director or the
officer in connection with such entry and inspection.
(2) The Director or the officer referred to in su b-
section (1) may, if he is satisfied that any silkw orms,
cocoons or silk are
reared or stored in any premises,
godown, land or place referred to in that sub-secti on in
contravention of the provisions of this Act or the rules,
orders or notifications made thereunder, seize such
silkworms, cocoons or silk.
Power of entry
and seizure
14. Any person who contravenes or fails to co mply with
all or any of the provisions contained in this Act or any rule,
order or notification made thereunder or any of the
conditions of a licence issued or renewed under thi s Act or
the rules made thereunder shall be punishable with fine
which may extend to five hundred rupees: and any Co urt
trying any such contravention or failure may direct that any
silkworm seed or any vessel, receptacle, apparatus,
package or covering containing the same in respect of
which the Court is satisfied that such contraventio n or
failure has occurred shall be forfeited to the Government.
. Penalties
15. (1) Any offence punishable under this Act ma y be
compounded by the Director on payment of such
amount as may be prescribed.
(2) On the composition of an offence under sub-
section (1) the person concerned, if in custody, sh all be set
at liberty, and if proceedings in any criminal cour t have
been instituted against such person in respect of t he
offence, the composition shall be deemed to amount to an
acquittal and no further proceedings shall be taken against
such person in respect of such offence.
Composition
of offences
Silkworm Seed (Production, Supply and Distribution (1956 : T.N.Act XXIII)
Trial of
offences.
16. (1) No Court inferior to that of *Presidency
Magistrate or a Magistrate of the first class *shall try any
offence made punishable by this Act or any rule mad e
thereunder.
(2) No prosecution under this Act or any r ule made
thereunder shall be instituted except on a complain t in
writing made by the Director.
Protection for
acts done in
faith
17. No suit, prosecution or other legal proce eding shall
lie against any person for anything which is in goo d faith
done or intended to be done in pursuance of this Ac t or any
rule, order or notification made thereunder.
Officers to be
deemed
public
servants
18 .Every officer acting in pursuance of the p rovisions of
this Act or any rule, order or notification made th ereunder,
shall be deemed to be a public servant within the m eaning
of section 21 of the Indian Penal Code (Central Act XLV of
1860).
Power to
make rules
19. (1) The Government may by notification, make rules
to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for :-
(a) the form and manner in which and the authorit y
to which applications for licences may be made;
(b) the terms and conditions which may be included
in any licence and the fees for the grant of such licence;
(c) the grant of duplicate licences and the renew al of
licences and fees for the same;
(d) the qualifications of reares and other persons to
whom licences may be issued under this Act;
(e) the duties and powers of officers authorized to
enforce the provisions of this Act;
(f) the fee payable by a licenced buyer in respect of
cocoons purchased by him in the cocoon market;
(g) the election, appointment and removal of
members of market committees, the manner of electio n and
the powers, duties and functions of such committees;
*According to clauses (a) and (c) of sub-section (3) of section 3 of the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974) any reference
to a Magistrate of the first class shall be constru ed as a reference to a
Judicial Magistrate of the first class and any refe rence to a Presidency
Magistrate shall be construed as a reference to a M etropolitan
Magistrate.
1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution)
(h) the procedure to be followed by a market
committee in respect of financial matters generally ,
including the manner in which and the restrictions and
conditions subject to which, expenditure may be inc urred
by it;
(i) appeals from any order under this Act, the
authority to which such appeals shall lie, the time within
which such appeals shall be made and the procedure for
dealing with such appeals;
(j) generally regulating the procedure to be follo wed
in proceedings under this Act;
(k) any matter expressly required or allowed by th is
Act to be prescribed.
(3) The power to make rules under this Act is subj ect to
the condition of the rules being made after previou s
publication.
(4) All rules made under this Act shall be placed on
the table of the Legislative Assembly as soon as po ssible
after they are published and shall be subject to su ch
modifications, whether by way of repeal or amendmen t as
the Assembly may make during the session in which t hey
are so laid.