|
|
Jute Policy
|
|
|
THE JUTE PACKAGING MATERIALS (COMPULSORY USE
IN PACKING COMMODITIES) ACT, 1987
No. 10 OF 1987
9th May, 1987
|
|
Jute
Packaging Material (Compulsory Use) Act, 1987
|
|
|
Essential Commodities Act, 1955
(10 of 1955)
|
7.
Any officer authorized by the Central Government (hereinafter referred to as the authorized officer) may enter, at all
reasonable times, any place, enter and premises or vehicle where any commodity packed in jute packaging material inspect is stored or kept for supply or distribution, and may require its production for inspection and ask for any information relating there to.
|
|
|
Jute
Products, in Order of Indian
Trade Classification Code NO.
|
|
|
National
Textile Policy - 2000
|
8.
(1) The authorized officer may, if he has reason to believe that
any commodity has been packed in contravention of section 5 and is
secreted in any place, premises or vehicle, enter into search such place,
premises or vehicle for such commodity.
(2) Where, as a result of any search made under sub-section (1), any
commodity packed in convention of section 5 has been found the
authorized officer may seized such commodity and any other thing which in
his opinion , will be useful for ,or relevant to any processing under
this Act :-
(3) The provision of the code of criminal procedure 1973, relating to search and seizures shall, so far as may be apply to every search or seizure made under this section
|
|
|
Jute
Policy Schemes
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9.
Whoever packs any commodity ,class of commodities or any percentage thereof any material in contravention of section 5 shall be punishable with fine any which may extend to an amount equal to double the cost of the jute packaging material which should have been use in accordance with the order made under section
3.
|
|
|
|
|
|
|
|
|
|
10.
If any person when required by any order made under section 6 to furnish Penalty any information or sample, fails to furnish such information or sample, or makes any statement or furnishes any information which is false in any material particular and which he knows, or has reasonable, or makes any statement or sample, fails to furnish such information or sample, or makes any statement or furnishes any information which is false in any material particular and which he knows, or has reasonable statement, or makes any statement or sample, fails to furnish such information or etc cause
to believe, to be false or does not believe it to be true, he shall be punishable with fine which may extend to five thousand rupees.
|
|
|
|
|
|
|
|
|
|
11.
(1) Where an offence under this Act has been committed by a company, Of fences every person who, at the time the offence was committed, was in charge of, and was 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 contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent 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 shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation-For the purposes 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.
12.
Notwithstanding anything contained in the code of Criminal Procedure,1973, every offence punishable under this Act shall be cognizable.
13.
The Central Government may, be order published in the Official Gazette, direct that the powers exercisable by it under any provision of this Act, other than the power to make orders under section 3 or under section 16 or to make rules under section 17, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the order, be exercisable also by
(a) Such officer or authority subordinate to the Central government; or
(b) Such State Government or such officer or authority subordinate to a State
Government, as may be specified in the order.
14.
The Central Government may give such directions as it may consider necessary to a State Government as to the carrying into execution of the provision of this
act.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
15.
No suit, prosecution or other legal proceeding shall lie against the Central Government, State Government or any officer or employee of the Central Govt. of any state govt. or any authorised officer for anything which is in good faith done or intended to be done under this Act or any rule or order made there under.
16.
(1) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may, by order published in the Official Gazette, exempt any person or class of persons, supplying or distributing any commodity or class of commodities, from the operation of an order made under section 3.
(2) while it is in session , for a total period of thirty 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, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order 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 order.
17.
(1) The Central Govt may, by notification in the Official Gazette, make rules for carrying out the purposes of the act.
(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty 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, both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 rule.
|
