The west bengal cement control act, 1948

West Bengal Act XXVI of 1948 
THE WEST BENCAL CEMENT CONTROL ACT, 1948. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 8th October, 1948.] 
An Act to confer powers to control the production, supply and 
distribution of, and trade and commerce in, cement in TV est Bengal: 
WHEREAS it is expedient to confer powers to control the 
production, supply and distribution of, and trade and com-
merce in, cement in West Bengal; 
It is hereby enacted as follows:- 
1. (1) This Act may be called the West Bengal Cement Short title, Control Act, 1948. extent and (2) It extends to the whole of West Bengal. 	 omoemnial.ence- 
(6) It shall come into force on the date on which the West Ben. West Bengal Cement Control Ordinance, 1948, ceases to Ord. IX of operate. 1948. 
2. In this Act, unless there is anything repugnant in the 
subject or context, "cement" includes portland cement, any 
other cementitious product manufactured by intergrindino ,  
or intermixing portland cement as defined in the British 
Standard Specifications of 1940, with any active or inert 
material, white and coloured cements, 	 high .aluminia cements, and any product manufactured by direct mixing of 
some or all oxides constituting normal portland cement. 
Definition. 
3. (1) The Provincial Government, so far as it appears 'to 
it to be necessary or expedient for maintaining or increasing 
the supply of cement or for securing its equitable distribu-
tion and availability at fair prices, may, by order in 'the 
Official Gazette, provide for regulating or prohibiting the 
production, supply and distribution thereof and trade and 
commerce therein within West Bengal. 
(2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereimder May provide— 
(a) -for regulating by licenses, permits or otherwise the. 
production or manufacture of cement; 
(b) for regulating or controlling the prices at -which cement may be purchased or sold and for pre-
scribing the conditions of sale thereof;, 
(c) for regulating by licenses, permits or otherwise, the 
storage, transport, movement, possession, distri-
bution, disposal, acquisition, use or consumption 
of cement; 
(d) for prohibiting the withholding from sale of cement 
ordinarily kept for sale; 
Price—Indian, annas 4 ; English, 6d. 
Power to 
control 
production, 
supply, 
distribu-
tion, etc., 
of cement . 
(Sections 4-6.) 
(e) for requiring any person holding stock of cement to 
sell the whole or specified part of the stock at 
such prices and to such persons or classes of 
persons or in such circumstances, as may be speci-fied in the order; 
(f) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; 
(g) for requiring persons engaged in the production, 
supply or distribution of, or trade or commerce 
in, cement to maintain and produce for inspec-
tion such books, accounts and records relating to 
their business and to furnish such information 
relating thereto, as may be specified in the order; and 
(h) for any incidental and . supplementary matters, 
including in particular the entering and search 
of premises, vehicles, vessels and aircraft, the 
seizure by a person authorised to make such 
search of cement in respect of which such person 
has reason to believe that a contravention of the 
order has been, is being or is about to be com-
mitted, the grant or issue of licenses, permits or 
other documents, and the charging' of fees there-for. 
(3) When any cement is seized under the authority of any order made under sub-section (1), the person seizing the cement shall make a report of such seizure to a Magistrate 
who may give such directions as to its temporary custody as 
he thinks fit, so, however, that where no prosecution is ins-
tituted for contravention of the order in respect of the 
cement seized within a period in his opinion reasonable, the 
Magistrate shall direct its return to the person from whom 
it was seized ; and the provisions of the Code of Criminal 
Act V of Procedure, 1898, shall, so far as they may be applicable, 1898.  apply to any search or seizure under any such order as they 
apply to any search or seizure under Chapter VII of that Code. 
Delegation 	 4. The Provincial Government ma of powers. 	 y, by order in the Official Gazette, direct that the power to 	 ke 	 ers uner section 3 shall, in relation to such matter s a andord 
subject
d 
 to such conditions, if any, as may be specified in the direction, 
be exercisable also by such Officer or authority subordinate 
to the Vrovincial Government as may be specified in the direction. 
Effect of 	 5. Any order made under section 3 shall have effect not- 'orders 
consis in- tent withstanding anything inconsistent therewith contained in 
with ether any enactment other than this Act or any instrument having. 
enact- 	 effect by virtue of any enactment other than this Act. meats. 
The West Bengal Cement Control Act, 1948. 
[West Ben. A et 
2 
Penalties. 6. If any person contravenes any order made under section 3, he shall be punishable with imprisonment for a 
term which may exte1d to three years or with fine or with 
both, and, if the order so provides, any Court, trying such 
rF 
The West Bengal Cement Control Act, 1948. 	 3 
XXVI of 1948.j 
(Sections 7-13.) 
contravention, may direct that any property in respect of 
which the Court is satisfied that the order has been contraven-
ed shall be forfeited to His Majesty. 
7. Any person who attempts to contravene, or abets a Attempts 
contravention of, any order made under section 3, shall be and abet- 
deemed to have contravened that order. 	 meets. 
8. If the person contravening an order made under Offences 
section 3 is a company or other body corporate, every director,  by corpo-
manager, secretary or other officer or agent thereof shall, ration.  
unless he proves that the contravention took place without 
his knowledge or that he exercised all due diligence to prevent 
such contravention, be deemed to be guilty of such contraven-
tion. 
9. If any person— 	 False state-
ment. 
(i) when required by any order made under section 3 to 
make any statement or furnish any information, 
makes any statement or furnishes any information 
which is false in any material particular and 
which he knows or has reasonable cause to believe 
to be false, or does not believe to be true, or 
(ii) makes any such statement as aforesaid in any book, 
account, record, declaration, return or other 
document which he is required by any such order 
to maintain or furnish, 
Aot XLV 
of 1860. 
Aot V of 
1898. 
he shall be punishable with imprisonment for a term which 
may extend to three years or with fine or with both. 
10. No Court shall take cognizance of any offence punish-
able under this Act except on a report in writing of the facts 
constituting such offence made by a person who is a public 
servant as defined in section 21 of the Indian Penal Code. 
11. Any Magistrate or bench of Magistrates empowered 
for the time being to try in a summary way the offences 
specified in sub-section (1) of section 260 of the Code of 
Criminal Procedure, 1898, may, on application in this behalf 
being made by the prosecution, try in accordance with the 
provisions contained in sections 262 to 265 of the said Code 
any offence punishable under this Act. 
12. Notwithstanding anything contained in section 32 
of the Code of Criminal Procedure, 1898, it shall be lawful 
for any Magistrate of the First Class specially empowered by 
the Provincial Government in this behalf and for ,any 
Presidency Magistrate to pass a sentence of fine exceeding 
one thousand rupees on any person convicted of contraven-
ing an order made under section 3. 
13. No order made in exercise of any power conferred by 
or under this Act shall be called in question in any Court. 
Cognizance 
of offences. 
Power to 
try offen-
ces sum-
marily. 
Special 
provision 
regarding 
fines. 
Protection 
of action 
taken 
under the 
Act. 
Power to 
exempt cer- 
tain varie- 
ties 	 of 
cement. 
4 	 The West Bengal Cement Control Act, 1948. 
[West Ben. Act XXVI of 1948.] 
(Sections 14-16.) 
shall
4 
 l 
1.
ie 
(1) No suit, prosecution or other legal proceeding 
against any person for anything which is in good faith 
done or intended to be -done in pursuance of any order made under section 3. 
(2) No suit or other legal proceeding shall lie against the 
Crown for any damages caused or likely to Le caused by 
anything which is in good faith done or inteJ!ded to be done 
in pursuance of any order made under section :3. 
15. The Provincial Government may, by notification in the Official Gazette, exempt any variety of cement from all or any of the provisions of this Act. 
nuance of 
Conti- 16. Any order or direction issued or any action taken or action 	 hi 
n done or any penalty, forfeiture or punishment taken 	 incurred or imposed or any prodino ,  comd in exercise under West of any power conferred lay thecee WestbBengalmenae 
Cement Control Ben. Ord. 
Ordinance, 1948, shall, on the said Ordinance ceasing to be IX of 1948. 
in operation, be deemed to have been issued, taken, • done, 
incurred, imposed or commenced under the provisions of this 
Act as if this Act had commenced on the 6th day of August, 1948. 
West Ben. 
Ord. IX of 
1948. 
a 
WBGP-48/9-7282A-2,500 

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