The West Bengal Silkworm Seed, Cocoon And Silk Yarn ( Regulation Of Production, Supply, Distribution And Sale ) Act, 1988

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXV of 1988 
THE WEST BENGAL SILKWORM SEED, COCOON 
AND SILK YARN (REGULATION OF PRODUCTION, 
SUPPLY, DISTRIBUTION AND SALE) 
ACT, 1988. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinaty, of the 17th March, 1989.] 
[17th March, 1989.] 
An Act to provide for the regulation of production, supply, distribution and 
sale of silkworm seed, cocoon and silk yarn in West Bengal. 
WHEREAS it is expedient to provide for the regulation of production, 
supply, distribution and sale of silkworm seed, cocoon and silk yarn in 
West Bengal and for matters connected therewith; 
AND WHEREAS previous sanction of the President under the proviso to 
clause (b) of article 304 of the Constitution of India has been obtained; 
It is hereby enacted in the Thirty-ninth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Silkworm Seed, 
Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution 
and Sale) Act, 1988. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State Government may, 
by notification, appoint, and different dates may be appointed for different 
provisions of this Act. 
2. In this Act, unless the context otherwise requires,— 
(a) "cocoon" means cocoon produced by mulberry silkworms, 
either green or stifled, dried or in any other state or condition, 
but does not include pierced cocoons. 
Explanation. —"Pierced cocoon" shall mean a cocoon 
from which moth has cut out; 
Short title, 
extent and 
commence-
ment. 
Definitions. 
191 
The West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation 
of Production, Supply, Distribution and Sale) Act, 1988. 
[West Ben. Act 
(Section 2.) 
(b) "cocoon market" means a market established under section 
12 for the sale or purchase of cocoons of all kinds intended for 
reeling, and includes a cocoon market yard and a cocoon 
store; 
(c) "cross-breed cocoon" means cocoon produced by cross-
breeding of two different races of silkworms; 
(d) "dupion silk yarn" means silk yarn reeled out of double 
-cocoons; 
(e) "Licensing Authority" means the Director of Sericulture, 
West Bengal, and includes such other officers as the State 
Government may, by notification, appoint for such areas and 
for such purposes as may be specified in the notification; 
(f) "Licensed Trader" means aperson who is licensed to purchase 
silk yarn in a Silk Exchange; 
(g) "notification" means a notification published in the Official 
Gazette; 
(h) "prescribed" means prescribed by rules made under this Act; 
(i) "rearer" means a person engaged in rearing of silkworms for 
the production of silkworm cocoons, whether forreproduction 
or reeling. 
Explanation.—"Rearing" shall include all operations from 
the incubation of silkworm eggs and brushing of silkworms 
to the harvesting of cocoons; 
(j) "rearer" means a person engaged in rearing of silk-
establishment and carrying on the business of reeling 
cocoons. 
Explanation.—(i) "Reeling establishment" shall mean an 
establishment where silk is reeled from cocoons with the help 
of any machine or contrivance of any kind worked by power 
or without power; 
(ii) "power" means any form of energy which is 
mechanically transmitted and is not generated by human or 
animal agency, and includes electrical energy; 
(k) "silk exchange" means a silk exchange, established under 
section 13, and includes a silk store; 
(1) "silkworm" means mulberry or tasar silkworm; 
(m) "silkworm seed" means silkworm cocoons of all kinds (except 
cross-breed cocoons) used for preparing seed, and includes 
moths, eggs and any silkworm of whatever description 
intended to be used or reared for purposes of reproduction; 
192 
The West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation 
of Production, Supply, Distribution and Sale) Act, 1988. 
XXV of 1988.] 
(Sections 3-7.) 
(n) "silk yarn" means silk reeled out of cocoons, and includes 
twisted silk yarn, dupion silk yarn, spun silk yarn and noil silk 
yarn; 
(o) "spun silk yarn" means silk yarn spun from pierced for spoilt 
cocoons, fluff from cocoons, pieces of silk noils or other silk 
waste; 
(p) "twisted silk yarn" means two or more silk yarns twisted 
together, and includes wraps; 
(q) "twister" means a person in charge of an establishment where 
twisted silk yarn is produced. 
3. No person shall produce, prepare, store, transport, sell or otherwise 
distribute or dispose of silkworm seed, except under and in accordance 
with the terms and conditions of a licence granted under this Act. 
4. (1) No person shall, for the production of silkworm cocoons, 
engage in the rearing of silkworms from silkworm seed other than 
silkworm seed obtained from a person who holds a licence granted under 
this Act. 
(2) The State Government may, by notification, direct that in any 
specified area no silkworm other than silkworm of the specified race shall 
be reared and that such a silkworm shall be reared from silkworm seed 
obtained from the specified source. On the issue of such notification, no 
person shall rear in such specified area any other race of silkworm or obtain 
silkworm seed from any other source. 
Regulation 
of 
production 
etc. of silk-
worm seed. 
Regulation 
of rearing. 
5. No person shall be in possession of silkworm seed unless— 	 Regulation 
(a) he is a rearer; or 	 of  possession 
(b) he holds of licence granted under this Act; or 	 of silkworm 
(c) he is authorised, in writing, by the prescribed officer to seed. 
possess silkworm seed. 
6. No person shall be in possession of silk yarn in excess of the Regulation 
of prescribed quantity unless he is— 	 possession 
(a) a reeler; or 	 of silk yam. 
(b) a licensed trader; or 
(c) a twister; or 
(d) a weaver; or 
(e) authorised, in writing, by the prescribed officer. 
7. No rearer shall dispose of or agree to dispose of silkworm cocoons Regulation 
of iosal or, in pursuance of an agreement entered into by him, make delivery of 	 silkworm 
silkworm 
silk
sp
womi 
silkworm cocoons to any person other than a person holding a licence cocoon. 
under this Act. 
193 
The West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation 
of Production, Supply, Distribution and Sale) Act, 1988. 
[West Ben. Act 
(Sections 8-12.) 
Regulation 
• of sale or 
purchase of 
silkworm 
cocoons for 
reeling. 
Regulation 
of reeling. 
Regulation 
of sale and 
purchase of 
silk yarn etc. 
Application 
for licence. 
Regulation 
and 
distribution 
of silkworm 
seed. 
8. (1) In any area where a cocoon market is established under this 
Act,— 
(a) no rearer shall sell or agree to sell, and 
(b) no person shall purchase or agree to purchase, any silkworm 
cocoons except in such cocoon market and except in 
accordance with such conditions and in such manner as may 
be prescribed. 
(2) After a cocoon market is established for any area, no person shall, 
except in such cocoon market, use, or permit the use of, 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. 
9. No person shall carry on the business of reeling silkworm cocoons 
unless he holds a licence granted under this Act. 
10. After the establishment of silk exchange,— 
(a) no reeler or no reeler who is also a twister shall sell or agree 
to sell silk yarn reeled or, as the case may be, reeled and 
twisted by him; 
(b) no person, whether a licensed trader or not, shall purchase or 
agree to purchase silk yarn from a reeler or from a reeler who 
is also a twister, except in a silk exchange and except in 
accordance with such conditions and in such manner as may 
be prescribed; 
(c) no person shall, except in such silk exchange, use, or permit 
the use of, or assist in the use of, any building, room, tent, 
enclosure, vehicle, vessel or place for the sale, or for the 
purchase from a reeler, of silk yarn or, in any manner, aid or 
abet the sale or purchase of silk yarn. 
11. Every person who desires to obtain a licence under this Act shall 
make an application to the Licensing Authority in such form as may be 
prescribed. 
12. (1) The State Government may, from time to time, by 
notification,— 
(a) specify the place at which a cocoon market for the sale or 
purchase of cocoons of all kinds intended for reeling, shall be 
established; 
(b) appoint for cocoon markets a Market Officer; 
194 
The West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation 
of Production, Supply, Distribution and Sale) Act, 1988. 
XXV of 1988.1 
(Sections 13, 14.) 
(c) constitute a Cocoon Market Committee consisting of such 
number of representatives of rearers, reelers and other 
persons as the State Government may think fit, for 
regulating generally the procedure for the conduct of 
business in the cocoon markets and for the performance of 
such functions as may be prescribed; 
(d) specify the sericultural areas in the State to be served by each 
cocoon market where silkworm cocoon produced within 
such areas shall be sold; 
(e) specify zones and markets in which any reeler 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 and the cocoons shall be sold by metric weight. 
(3) The members of the Cocoon Market Committee constituted under 
clause (c) of sub-section (1) shall hold office for a period of three years 
unless the Committee is reconstituted by the State Government earlier. 
13. (1) The State Government may by notification,— 
(a) specify the place at which a silk exchange for the sale or 
purchase of silk yarn, shall be established; 
(b) appoint for each silk exchange a Silk Market Officer; 
(c) constitute a Silk Exchange Committee consisting of such 
number of representatives of reelers and traders as the State 
Government may think fit, with the Silk Market Officer as 
Chairman, for regulating generally the procedure for the 
conduct of business in the silk exchanges and for the 
performance of such functions as may be prescribed. 
(2) All transactions involving the sale or purchase of silk yarn in a 
silk exchange shall be by open auction, the payment of price shall be in 
cash and the silk yarn shall be sold by metric weight. 
(3) The members of the Silk Exchange Committee constituted under 
clause (c) of sub-section (1) shall hold office for a period of three years 
unless the Committee is reconstituted by the State Government earlier. 
14. (1) The Director of Sericulture, West Bengal, or any officer 
authorised in this behalf by the State Government, may, with a view to 
securing compliance with this Act, by notification,— 
(a) require any person licensed under this Act to furnish such 
information as may be specified; 
Establish-
ment of silk 
exchange. 
Power 
require 
information 
and powers 
of entry, 
inspection, 
seizure, etc. 
195 
The West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation 
of Production, Supply, Distribution and Sale) Act, 1988. 
[West Ben. Act 
(Section 15.) 
Penalties. 
(b) inspect or cause to be inspected any return, document or 
account book in the possession of a person licensed under this 
Act; 
(c) enter and inspect any premises, land, vehicle or place of any 
person licensed under this Act with a view to satisfying 
himself that such person is complying with the provisions of 
this Act or of any rule or order made thereunder or with a view 
to detecting the presence or otherwise of any silkworm 
disease; 
(d) at all reasonable times, enter and search any premises, land, 
vessel, vehicle or place wherein or in any part of which 
silkworm is reared or silkworm, silkworm seed, cocoon or 
silk yarn is stored or is being transported and seize or 
authorise any person to seize any silkworm, silkworm seed, 
cocoon or silk yarn including any vessel, receptacle, apparatus, 
package or cover in which such silkworm, silkworm seed, 
cocoon or silk yarn is contained in respect of which he has 
reason to believe from personal knowledge or from 
information given by any person and taken down by him in 
writing that silkworm disease has occurred or that a 
contravention of this Act or of any rule or order made 
thereunder has been or is being committed; 
(e) take or cause to be taken such steps as may be considered by 
him expedient or necessary to prevent the spread of silkworm 
disease or to eradicate it, including the disinfection of any 
place or destruction of any silkworm seed or silkworm, or of 
any vessel, receptacle or apparatus used in its production, 
preparation, storage or transport and such other action as may 
be prescribed. 
(2) Every owner, occupier or other person in charge of any premises, 
land, vessel, vehicle or place referred to in clauses (c) and (d) of sub-
section (1) shall give all reasonable facilities to the officer or the person 
authorised under sub-section (1) in carrying out his functions under 
the said sub-section. 
15. (1) Any person who contravenes the provisions of section 3 or 
section 4 shall be punishable with fine which may extend to one thousand 
rupees. 
(2) Any rearer who contravenes the provisions of section 7 or 
clause (a) of sub-section (1) of section 8 shall be punishable with fine 
which may extend to five hundred rupees. 
196 
The West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation 
of Production, Supply, Distribution and Sale) Act, 1988. 
XXV of 1988.] 
(Sections 16-18.) 
(3) Any person who contravenes the provisions of clause (b) of 
sub-section (1) of section 8 or sub-section (2) of that section shall be 
punishable with imprisonment which may extend to six months or with 
fine which may extend to one thousand rupees or with both. 
(4) Any person who contravenes the provisions of section 10 shall, 
on conviction, be punished with imprisonment for a term which may 
extend to three years and with fine which may extend to two thousand 
rupees: 
Provided that in the absence of special reasons to the contrary, such 
imprisonment shall not be for a term of less than six months and such fine 
shall not be for an amount of less than one thousand rupees. 
(5) Any person who contravenes the provisions of section 9 shall be 
punishable with fine which may extend to five hundred rupees. 
(6) Save as otherwise provided in sub-sections (1) to (5), any person 
who contravenes any of the provisions of this Act or of any rule or order 
made or notification issued thereunder shall be punishable with fine which 
may extend to five hundred rupees. 
16. Whoever abets any offence punishable under this Act shall be Abetment. 
punished with the punishment provided in this Act for such offence. 
17. The offences under sub-sections (3) and (4) of section 15 shall be Certain 
cognizable. offences to  be 
cognizable. 
18. (1) The Director of Sericulture, West Bengal, may,— 	 Suspension 
(a) without prejudice to any punishment under section 15, after or 
ti 
 cancella-
on of 
giving the -person concerned a reasonable opportunity of licence, 
being heard and after being satisfied that such person has forfeiture of 
property and 
contravened the provisions of section 3 or section 8 or penalty, etc. 
section 9 or section 10, suspend or cancel the licence granted 
to such person; 
(b) after giving the person concerned a reasonable opportunity 
of being heard, direct that any— 
(i) silkworm seed, cocoon or silk yarn or any receptacle, 
apparatus, package or cover containing the same or 
any other article in respect of which such person has 
contravened any of the provisions of this Act or the 
rules made thereunder, shall be forfeited to the State 
Government, and 
(ii) such person shall pay a penalty up to five thousand 
rupees but not exceeding the value of the property in 
relation to which the provisions of this Act or the rules 
made thereunder have been contravened. 
197 
The West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation 
of Production, Supply, Distribution and Sale) Act, 1988. 
[West Ben. Act 
(Sections 19-23.) 
(2) No person on whom any penalty is imposed under sub-clause (ii) 
of clause (b) of sub-section (1) shall be liable for prosecution in respect 
of the same facts for an offence under this Act. 
(3) Any person aggrieved by the order of suspension or cancellation 
of licence or forfeiture of property or imposition of penalty under sub-
section (1) may appeal to the Sub-divisional Judicial Magistrate having 
jurisdiction within such time and in such manner as may be prescribed, 
and the decision of the Sub-divisional Judicial Magistrate on such appeal 
shall be final. 
Composition 	 19. (1) Any offence punishable under this Act may be compounded 
of offences. 	 by the Director of Sericulture, West Bengal, or such other officer as 
may be prescribed, on payment of such amount, not exceeding the 
amount of fine payable for such offence, as may be determined by the 
Director or such other officer. 
(2) On the composition of an offence under sub-section (1), the 
person concerned, if in custody, shall be discharged and if proceedings 
in any criminal court have been instituted against such person in respect 
of the 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. 
Competence 
of court to 
try and to 
take 
cognizance 
of, an 
offence. 
Protection of 
action taken 
in good 
faith. 
Officers to 
be deemed 
public 
servants. 
Development 
and Price 
Stabilisation 
Fund. 
20. (1) No court other than the court of a Judicial Magistrate of the 
first class shall take cognizance of any offence under this Act. 
(2) No court shall take cognizance of an offence other than a cognizable 
offence under this Act except on complaint in writing, of an officer 
authorised by the State Government in this behalf. 
21. No suit, prosecution or other legal proceeding shall lie against the 
State Government or any officer of that Government or other person 
authorised by that Government for anything which is in good faith done or 
intended to be done under this Act. 
22. Every officer acting in pursuance of the provisions of this Act or 
the rules or orders thereunder shall be deemed to be a public servant within 
the meaning of section 21 of the Indian Penal Code. 
23. (1) There shall be a Fund to be called the West Bengal Silk Worm 
Cocoon and Silk Yarn Development and Price Stabilisation Fund 
(hereinafter referred to as the Fund). 
45 of 1860. 
198 
The West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation 
of Production, Supply, Distribution and Sale) Act, 1988. 
XXV of 1988.] 
(Section 24.) 
(2) All moneys received by way of market fees, licence fees or other 
fees or charges and all grants or contributions made by the State Government 
shall form part of the Fund. 
(3) The amount at the credit of the Fund shall not be expended except 
for the purpose of stabilizing the prices of cocoons and silk yarn and for 
the development of rearing the silkworm seed, reeling and twisting of silk 
yarn and matters connected therewith and such other matters as may be 
prescribed. 
24. (1) The State Government may, subject to the condition of Power to 
previous publication, by notification, make rules for carrying out the make rules. 
purposes of this Act. 
(2) In particular and without prejudice to the generally of the foregoing 
power, such rules may provide for— 
(a) the duties and powers of officers authorised to enforce 
the provisions of this Act and the functions of the Cocoon 
Market Committee and the Silk Exchange Committee; 
(b) the qualifications of persons who produce or prepare silkworm 
seed for rearing of silkworms and of persons to whom a 
licence under this Act may be granted; 
the grant of licence and the conditions and the fees for the 
grant of licence; 
(d) the sanitary and other conveniences that shall be provided for 
at the production and distribution centres of silkworm seed; 
(e) the grant of duplicate licences, the renewal of licence and the 
fees for the same; 
(f) the 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; 
the forms of licences to be granted, returns to be submitted 
and accounts to be maintained under this Act; 
(h) the market fee payable by the rearers and the reelers in respect 
of cocoons sold and purchased in the cocoon market, such fee 
not exceeding two per cent. of the price of the cocoons; 
(i) the market fee payable by the reelers, the reelers who are also 
twisters and the licensed traders in respect of silk yarn sold or 
purchased by them in a silk exchange, such fee not exceeding 
two per cent. of the price of silk yarn; 
(c) 
(g) 
199 
The West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation 
of Production, Supply, Distribution and Sale) Act, 1988. 
[West Ben. Act XXV of 1988.] 
(Section 24.) 
(j) amenities and facilities to be provided in a silk exchange, 
including settlement of disputes between the sellers and the 
purchasers of silk yarn; 
(k) the fee and other allowances payable to the members of the 
committees constituted under sections 12 and 13; 
(1) the matters relating to the Fund under section 23; 
(m) the particulars to be furnished of silkworm disease in silkworm 
or silkworm seed and the steps to be taken for the prevention 
or eradication of such disease; 
(n) the procedure to be followed generally in any proceeding 
under this Act; 
(o) any other matter which may be or is required to be prescribed 
under this Act. 
(3) Every rule made under this Act shall be laid as soon as may be after 
it is made before the State Legislature. 
200 

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