The UTTAR PRADESH KESARI GRAM (PROHIBITION) ACT, 1983

  
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 THE UTTAR PRADESH KESARI GRAM (PROHIBITION)  
ACT, 19831 
[ U. P. ACT NO. 22 of 1983 ] 
 [ Passed in Hindi by the Uttar Pradesh Legis lative Assembly 
on September 7, 19 83, and by the Uttar Pradesh Legislative 
Council on September 9, 1983. 
Received the assent of the Governor on September 20, 1983 
under Article 200 of the Constitution of India and was published in 
the Uttar Pradesh Gazette Extraor dinary, dated September 23, 
1983. ] 
 AN 
ACT 
to provide for  the prohibition of cultivation and sale of 
Kesari gram and for the prohibition of manufacture or sale of its 
products and for matters connected therewith. 
 IT IS HEREBY  enacted in the Thirty -fourth Year of the 
Republic of India as follows : — 
Short title, 
extent and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Kesari Gram 
(Prohibition) Act, 1983. 
(2) It extends to the whole of Uttar Pradesh.  
 *(3) It shall be deemed to have come into force on October 25, 
1982. 
Prohibition of 
cultivation etc, 
of Kesari gram 
and its 
products   
2. No person shall — 
(a) cultivate Kesari gram (Lathyrus sativus) ; 
(b) sell or offer o r expose for sale, or have in his possession for 
purpose of sale, under any description or for use as an ingredient for 
the preparation of any goods intended for sale, Kesari gram (Lathyrus 
sativus) or any product thereof ; 
 (c) manufacture Kesari Dal or any other product of Kesari gram 
(Lathyrus sativus).   
 Explanation :— For the purposes of this section, Kesari gram 
flour, Kesari Dal flour, mixture of Kesari gram or Kesari Dal or flour of 
either with Bengal gram Dal or Bengal gram dal flour or with any  other 
Dal or any other flour shall be deemed to be a product of Kesari gram.  
Penalty 3. Any person who contravenes the provisions of section 2 shall 
be punishable with imprisonment for a term which shall not less than 
one year but which may extend to si x years and shall also be 
punishable with fine which shall not be less than two thousand rupees.  
 
——————————————————————————————————————————  
1.  For Statement of Objects and Reasons see at the end of this Act. 
* w.e.f. dated October 25, 1982. 
[The Uttar Pradesh Kesari Gram (Prohibition) Act, 1983]  
532 
Application 
of certain 
provision of 
Act no. 37 of 
1954 
4. The provisions of the Prevention of Food Adulteration Act, 
1954 shall mutatis mutandis  apply, — 
(a) in relation to the articles mentioned in sect ion 2 of this Act as 
they apply in relation to food as defined in the said Act ;  
 (b) in relation to an offence punishable under section 3 of this 
Act as they apply in relation to offences punishable under the said Act. 
Repeal and 
savings 
 
U. P. 
Ordinance 
no. 24 of 
1983 
5. (1) The Uttar Pradesh Kesari Gram (Prohibition) (Second) 
Ordinance, 1983, is hereby repealed.  
(2) Notwithstanding such repeal anything done or any action 
taken under the Ordinance referred to in sub -section (1) shall be 
deemed to have been done or taken under this Act as if the provisions of 
this Act were in force at all material times.  
————— 
 STATEMENT OF OBJECTS AND REASONS 
 Scientific experiments have proved that ‘Kesari gram (Lathyrus 
Sativus)’ is injurious to health and its ext ensive use is likely to cause 
serious disease such as paralysis of lower limbs. The State Government 
had, therefore, in exercise of the powers under the Prevention of Food 
Adulteration Rules, 1955, prohibited the sale of Kesari gram, Kesari dal 
or its prod ucts as an article of food. However, Kesari gram and dal 
continued to be sold as cattle feed ; and when so sold it was difficult to 
prevent its actual use as, or adulteration with, articles of food. It was, 
therefore, considered necessary to prohibit culti vation of Kesari gram 
and sale of Kesari gram and its products for any purpose whatsoever 
and to make such cultivation or sale a penal offence.  
 Since the State Legislature was not in session and immediate 
action was necessary, the Governor promulgated o n September 27, 
1982, the Uttar Pradesh Kesari Gram (Prohibition) Ordinance, 1982  
(U. P. Ordinance no. 25 of 1982). Before the said Ordinance was to cease 
to operate, the Governor re -promulgated the provisions of the said 
Ordinance by U. P. Ordinance no. 12 of 1983 on March 15, 1983.  
 This Bill is introduced to replace the aforesaid U. P. Ordinance 
no. 12 of 1983. 
 
 
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