The West Bengal Prohibition Of Unlawful Possession Of Gift Goods Act, 1990

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XIV of 1990 
THE WEST BENGAL PROHIBITION OF UNLAWFUL 
POSSESSION OF GIFT GOODS ACT, 1990. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 19th September, 1990.] 
[19th September, 1990.] 
An Act to prohibit unlawful possession of gift goods in•West Bengal. 
WHEREAS it is expedient to prohibit unlawful possession of gift 
goods in West Bengal; 
It is hereby enacted in the Forty-first Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Prohibition of 
Unlawful Possession of Gift Goods Act, 1990. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force at once. 
2. In this Act, unless the context otherwise requires,— 
(a) "gift goods" includes wheat, corn, soya milk, salad oil, 
milk powder or clothing, supplied as gift to the State 
Government or the Central Government or to any person or 
organisation on behalf of the State Government or the 
Central Government by any relief organisation for any 
specific purpose, and also includes such other food-stuffs or 
goods as the State Government may by notification specify 
in this behalf; 
"notification" means a notification published in the Official Gazette; 
(c) "relief organisation" means an organisation specified in the 
Schedule; 
(b)  
Short title, 
extent and 
commence-
ment. 
Definitions. 
183 
The West Bengal Prohibition of Unlawful Possession of Gift 
Goods Act, 1990. 
[West Ben. Act 
(Sections 3-8.) 
(d) "specific purpose" means the purpose of— 
(i) distribution of gift goods of persons affected by 
drought, flood, storm, cyclone, earthquake or any other 
natural calamity, or 
(ii) organising nutrition feeding under the Integrated Child 
Development Services Scheme, Special Nutrition 
Programme or any other scheme or programme aimed 
at nutrition feeding, or 
(iii) distribution of gift goods to any persons for 
amelioration of distress of any kind. 
3. No person shall keep in his possession or deal with any gift 
goods without lawful authority or otherwise than in conformity with the 
scheme relating to supply, distribution and custody of such goods as 
may be approved by the State Government or any relief organisation. 
4. Whoever is found, or is proved to have been, in possession of 
any gift goods reasonably suspected of having been stolen or unlawfully 
obtained shall, unless he proves that the gift goods came into his 
possession lawfully, be punishable with imprisonment for a term which 
may extend to two years, or with fine, or with both. 
5. Notwithstanding anything contained in the Code of Criminal 2 of 1974. 
Procedure, 1973, every offence punishable under section 4 shall be 
cognizable and non-bailable. 
6. No court inferior to that of a Judicial Magistrate of the first 
class shall try any offence punishable under section 4. 
7. The State Government may by notification add to, or omit from, 
the Schedule any relief organisation, and thereupon the Schedule shall 
be deemed to be amended accordingly. 
8. Every notification under section 7 shall, as soon as may be after 
it is published, be laid before the State Legislature, while it is in session, 
for a total period of fourteen days which may be comprised in one 
session or in two or more successive sessions and if, before the expiry 
of the session immediately following the session or the successive 
sessions aforesaid, the State Legislature agrees in making any 
modification in the notification or the State Legislature agrees that the 
notification should not be issued, the notification shall thereafter have 
effect only in such modified form or be of no effect, 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 
notification. 
Prohibition 
of unlawful 
possession 
of gift 
goods. 
Penalty for 
unlawful 
possession 
of gift 
goods. 
Offences to 
be cogni-
zable and 
non-bailable. 
Power to try 
offences. 
Power to 
amend 
Schedule. 
Notification 
under 
section 7 
to be laid 
before State 
Legislature. 
184 
The West Bengal Prohibition of Unlawful Possession of Gift 
Goods Act, 1990. 
UV of 1990.1 
(Section 9.) 
9. The State Government may by notification make rules for Power to 
carrying out the purposes of this Act. 	 make rules.  
THE SCHEDULE 
[See sections 2(c) and 7.] 
List of Relief Organisations 
1. United Nations International Children's Emergency Fund. 
2. Co-operative for American Relief Everywhere. 
3. World Food Programme. 
185 

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