LexThe Telangana Silkworm Seed and Cocoon (Control) Act, 1956.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA SILKWORM SEED AND COCOON (CONTROL)
ACT, 1956.
(ACT NO. XV OF 1956.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Regulation of Manufacture etc., of silkworm seed.
4. Regulation of rearing.
4A. Regulation of disposal of silkworm cocoons.
4B. Regulation of sale or purchase of silkworm
cocoons.
4C. Regulation of transport of silkworm cocoons.
5. Application for licence.
5A. Establishment of cocoon market.
6. Power of inspection.
7. Penalties.
7A. Compounding of offences.
8. Previous sanction for prosecution.
9. Offences by companies.
10. Inquiry and trial of offences.
10A. Suspension or cancellation of licence.
11. Protection of Government Officers and servants.
12. Exemption.
13. Power to make rules.
THE TELANGANA SILKWORM SEED AND COCOON
(CONTROL) ACT, 1956.1
ACT No. XV OF 1956.
1. (1) This Act may be called 2the Telangana Silkworm
Seed and Cocoon (Control) Act, 1956.
(2) It extends to the whole of the 2State of Telangana.
(3) It shall come into force on such date as the
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless there is anything repugnant in the
subject or context-
3[(a) “Cocoon” means cocoon produced by mulberry or
tassrr silkworms, either green or stifled, dried or in any other
state or condition, but does not include pierced cocoon;
Explanation:- In this c lause, “pierced cocoon”means a
cocoon from which moth has cut out;
(aa) “cocoon market” means a market established
under section 5A, for the sale or purchase of cocoons of a
kinds intended for reeling;
1. The Andhra Pradesh Silkworm Seed and Cocoon (Control) Act, 1956
in force in the combined State, as on 02.06.2014, has been adapted to
the State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana
Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law ( F)
Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Substituted by Act No.16 of 1982.
Short title, extent
and
commencement.
Definitions.
2 [Act No. XV of 1956]
(aaa) “Director” means the Director of Sericulture,
4Telangana;]
(b) “Government” means the State Government;
(c) “licence” means a licence granted under this Act;
(d) “licensing authority” means the head of the
sericultural section of the Department of Industries and
Commerce, 4Telangana and includes any other officer
appointed by the Government by notification in the
4Telangana Gazette to exercise all or any of the powers or to
perform all or any of the duties of a licensing authority under
this Act;
5[(dd) “licensed buyer” means a person who is licensed
to purchase cocoons in a cocoon market;]
(e) “prescribed” means prescribed by rules made under
this Act;
6[(f) “rearer” means a person engaged in rearing
silkworms for the production of silkworm cocoons, whether
for reproduction or reeling;
(ff) “rearing” includes all operations from the incubation
of silkworm eggs and brushing of silkworm cocoons,
whether for reproduction or reeling;]
(g) “silkworm” includes mulberry silkworms, tosar
silkworms, muga silkworms and eri silkworms;
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
5. Inserted by Act No.16 of 1982.
6. Substituted by Act No.16 of 1982.
[Act No. XV of 1956] 3
(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.
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.
4. No person shall rear silkworms from silkworm seed
other than silkworm seed obtained from a person who holds
a licence under this Act.
7[4A. No rearer shall dispose of, or agree to dispose of, or in
pursuance of an agreement entered into make delivery of,
silkworm cocoons except to persons holding a licence
under this Act.
4B. (1) In any area in which a cocoon market is established
under this Act,-
(a) no rearer shall sell or agree to sell;
(b) no person shall purchase or agree to purchase,
silkworm cocoons except in such cocoon market and
except in such manner as may be prescribed.
(2) Where a cocoon market is established for any area,
no person shall, except in such cocoon market, use or
permit the use or assist in the use of, any building, room,
tent, enclosure, vehicle, vessel, or place in such area for the
sale or purchase of silkworm cocoons, or in any manner aid
or abet the sale or purchase of silkworm cocoons.
7. Inserted with marginal heading by Act No.16 of 1982.
Regulation of
Manufacture etc.,
of silkworm seed.
Regulation of
rearing.
Regulation of
disposal of
silkworm
cocoons.
Regulation of sale
or purchase of
silkworm
cocoons.
4 [Act No. XV of 1956]
4C. (1) No person shall transport out of the State silkworm
cocoons, except under a permit issued by the Director or
any other officer of the Sericulture Department authorised by
him in this behalf, and on such terms and conditions and on
payment of such fees as may be prescribed.
(2) Any permit issued under sub -section (1) may be
cancelled by the officer aforesaid for breach of any of the
terms and conditions subject to whic h it was issued or for
any other reason to be recorded in writing.]
5. Every application for the grant of a licen ce 8[under this
Act] shall be made to the licensing authority in such form as
may be prescribed.
9[5A. (1) The Government may, from time to time, by
notification,-
(a) specify the places at which cocoon markets,
cocoon market-yards and cocoon store shall be located;
(b) appoint a Market Officer, and constitute a
committee consisting of two representatives of rearers, and
one each of licensed buyers in -charge of charka
establishments and filature establishments, with the Market
Officer as chairman, for regulating, generally the procedure
for the conduct of business in the cocoon market and for the
performance of such functions as may be determined by the
Government:
Provided that the Directoror or any Officer of the
Sericulture Department authorised by him in this behalf,
shall perform the functions of the Market Officer until a
8. Substituted by Act No.16 of 1982.
9. Inserted with marginal heading by Act No.16 of 1982.
Regulation of
transport of
silkworm
cocoons.
Application for
licence.
Establishment of
cocoon market.
[Act No. XV of 1956] 5
Market Officer is appointed and of the committee, until a
committee is constituted under this clause;
(c) specify the sericultural areas in the State to be
served by each cocoon market, where silkworm cocoon
produced within such areas shall be sold;
(d) assign markets in which any licensed buyer may
carry on his business.
(2) All transactions involving the sale or purchase of
cocoons in a cocoon market shall be by open auction, the
payment of the price, shall be in cash an d the cocoons shall
be sold by weight, as required by or under 10the Telangana
Weights and Measures (Enforcement) Act, 1958.]
6. (1) The licensing authority or any officer authorized by
the licensing authority in writing in this behalf may, with a
view to securing compliance with this Act or with any rule or
order made thereunder-
(a) require any person licensed under this Act to
furnish such information as may be specified;
(b) inspect or cause to be inspected any return,
document or account book in the possession of a person
licensed under this Act;
(c) at all reasonable times enter and inspect any land,
building, vessel, vehicle or place of a person licensed under
this Act;
(d) at all reasonable times enter and search any land,
building, vessel, vehicle or place wherein or in any part of
10. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power of
inspection.
Act I of 1959.
6 [Act No. XV of 1956]
which 11[silkworm seed or cocoon] is stored or is being
transported and seize or authorize any person to seize any
11[silkworm seed or cocoon ] including any vessel,
receptacle, apparatus, package or covering, in which
11[such seed or cocoon] is contained if the licensing
authority or the officer afore said has reason to believe from
personal knowledge or from information given by any
person and taken down by him in writing that a
contravention of this Act or of any rule or order made
thereunder has been or is being committed.
(2) Every owner, occupier or other person in charge of
any such land, building, vessel, vehicle or place shall be
bound to give all reasonable facilities to the licensing
authority or the officer aforesaid in carrying out his functions
under sub-section (1).
7. 12[(1)] Any person who contravenes or fails to comply
with all or any of the provisions contained in this Act or any
rule or order made thereunder shall be punishable with fine
11[which shall be not less than five hundred rupees] and any
Court trying any suc h contravention or failure may direct
that any 11[silkworm seed or cocoon] any vessel, receptacle,
apparatus, package or covering containing the same in
respect of which the Court is satisfied that such
contravention or failure has occurred shall be forfeited to the
Government.
13[(2) Any person, who contravenes the provisions of
clause (b) of sub -section (1) of section 4 -B or sub -section
(2) thereof, shall be punishable with imprisonment which
may extend to three months or with fine which shall not be
less than five hundred rupees but which shall not exceed
one thousand rupees or with both.]
11. Substituted by Act No.16 of 1982.
12. Section 7 re-numbered as sub-section (1) by Act No.16 of 1982.
13. Added by Act No.16 of 1982.
Penalties.
[Act No. XV of 1956] 7
14[7A. (1) The Director or such officer as may be prescribed
may-
(a) accept, by way of composition, from any person
who committed or in respect of whom it can be reasonably
inferred that he has committed any offence under the
provisions of this Act or the rules made thereunder, such
sum of money not exceeding the amount of fine payable for
such offence, as may be determined by the Di rector or such
officer;
(b) in all cases in which any property has been seized
as liable to confiscation under this Act, release the same on
payment of the value thereof as estimated by the Director or
such officer.
(2) On payment by such person the s um of money or
the value or both as the case may be, the person, if in
custody, shall be set at liberty, and all the property seized
may be released and no proceedings shall be instituted
against such person in any criminal court. If proceedings in
any criminal court have been instituted against such person
in respect of the offence, the acceptance of composition
shall be deemed to amount to an acquittal; and in no case,
any further proceedings shall be taken against such person
or property with reference t o the same act or in respect of
the same offence.]
8. No prosecution shall be instituted under section 7
without the previous sanction of the Director.
15[9. (1) Where an offence under this Act has been
committed by a company, every person who, at the time the
offence was committed was in charge of, and was
14. Inserted with marginal heading by Act No.16 of 1982.
15. Substituted with marginal heading by Act No.16 of 1982.
Compounding of
offences.
Previous sanction
for prosecution.
Offences by
companies.
8 [Act No. XV of 1956]
responsible to, the company for the conduct of the business
of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing in this sub -section shall render
any such person liable to any punishment if he proves that
the offence was committed without his knowledge or that he
exercised all due d iligence to prevent the commission of
such offence.
(2) Notwithstanding anything in sub -section (1), where
an offence under this Act has been committed by a
company and it is proved that the offence has been
committed with the consent of or connivance of or is
attributable to any neglect on the part of any director,
manager, secretary or other officer of the company, such
director, manager, secretary or other officer of the company
shall also be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished
accordingly.
Explanation.-For the purpose of this section,-
(a) “company” means any body corporate and
includes a firm or other association of individuals; and
(b) “director” in relation to a firm, means a partner in
the firm.]
10. No offence punishable under this Act or any rule or
order made thereunder shall be inquired into or tried by any
Court inferior to that of a Magistrate of the First Class.
Inquiry and trial of
offences.
[Act No. XV of 1956] 9
16[10A. (1) The Director, if satisfied that any person, holding
a licence under this Act, has contravened the provisions of
this Act, or the rules made thereunder, or any other terms
and conditions of the licence, may, without prejudice to any
punishment under section 7, after giving the person
concerned an opportunity of being heard, suspend or
cancel the licence granted to such person.
(2) Any person aggrieved by the order of suspension or
cancellation of licence may appeal to the Government within
such time and in such manner as may be prescribed, and
the decision of the Government on such appeal shall be
final.]
11. (1) No suit, prosecution or other proceeding shall lie
against any officer or servant of the Government for any act
done or purporting to be done under this Act, without the
previous sanction of the Government.
(2) No officer or servant of the Government shall be
liable in respect of any such act in any civil or criminal
proceeding if the act was done in good faith in the course of
the execution of duties or the discharge of functions
imposed by or under this Act.
12. Nothing contained in this Act shall apply to any place
where silkworms are reared by any department of
Government.
13. (1) The Government may, by notification in the
17Telangana Gazette, make rules to carry out the purposes
of this Act.
16. Inserted with marginal heading by Act No.16 of 1982.
17. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Suspension or
cancellation of
licence.
Protection of
Government
Officers and
servants.
Exemption.
Power to make
rules.
10 [Act No. XV of 1956]
(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 applications for
licences may be made 18[and the fees for the grant of such
licences];
(b) the terms and conditions which may be included in
any licence;
19[(bb) the grant of duplicate licences and the renewal
of licences and the fees for the same;]
(c) appeals from any order under this Act, the authority
to whom such appeals shall lie, the time within which such
appeals shall be made and the procedure for dealing with
such appeals;
19[(cc) the manner of constituting the cocoon market
committees, and the powers, functions and duties of such
committees and the Market Officer; and the sitting fee and
other allowances payable to that members of the
committee;]
(d) the disposal of the 20[silkworm seed or cocoon] or
the vessel, receptacle, apparatus, package or covering
containing the same which may be seized under section 6;
18[(e) the market fee payable by the rearers and the
licensed buyers in respect of cocoons sold and purchased
in the cocoon market, such fee not exceeding two per cent
of the price amount of the cocoons, and the purposes for
which the fees may be utilised.]
18. Added by Act No.16 of 1982.
19. Inserted by Act No.16 of 1982.
20. Substituted by Act No.16 of 1982.
[Act No. XV of 1956] 11
21[(3) Every rule made under this Act shall, immediately
after it is made, be laid before each House of the State
Legislature if it is in session and if it is not in session in the
session immediately following, for a total period of fourteen
days which may be comprised in one session or in two
successive sessions, and if, before the expiration of the
session in which it is so laid or the session immediately
following both Houses agree in making any modification in
the rule or in the annulment of the rule, the rule shall, from
the date on which the mo dification or annulment is notified,
have effect only in such modified form or shall stand
annulled, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.]
* * *
21. Substituted by Act No.16 of 1982.