MINISTRY OF TEXTILES
ORDER
New Delhi, the 19th
April, 2000
S.O. 396(E).- In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order, namely:-
1.
Short title, extent and
commencement –
1.
This
Order may be called the Jute and Jute Textiles Control Order, 2000,
2.
It
extends to the whole of India.
3.
It
shall come into force on the date of its publication in the Official Gazette.
2. Definitions –
In this Order, unless the
context otherwise requires,
(a) “carrier” includes the railways or any other person engaged in the business of
transporting goods from one place to another by land, air or water;
(b) “Jute Commissioner” means Jute Commissioner appointed by the Central Government
and includes any other officer appointed as such to exercise the powers of the
Jute Commissioner under this Order;
(c) “jute textiles” means hessian and sacking cloth made from jute, or partly from raw jute
and partly from any other material(s) where raw jute is
predominant by weight;
(d) “manufacturer” means the producer of jute textiles by any process involving the use
of electrical power and includes composite jute mills producing jute textiles from jute
fibre
involving mechanical or electrical process with heavy duty carding machine.
(e)
“raw jute” means the fibre of jute also known as pat, kosta, nalita,
bimli or mesta;
(f) “year” means the year commencing on the 1st day of July and ending with the 30th day
of Jute
next following
3.
Power to fix prices -
(1) The Jute Commissioner may, from time to time, notify in Official Gazette, the minimum price, at which any variety or raw jute or any grade or specification of such variety may be purchased or sold and different prices may be fixed for different areas or for different varieties, grades and specifications of raw jute subject to the conditions that such price is based on the Minimum Support Price fixed by Central Government.
(2) In
fixing such price or prices, the Jute Commissioner shall have regard to the
quality of raw jute or jute textiles, the railway freight, and other expenses
necessary for the transport of raw jute or jute textiles from the producing
centre to the area of areas in relation to which such price or prices is or are
fixed, estimated cost of production, necessity to make the same available at a
fair price and any other relevant factor(s).
(3) The
Jute Commissioner may, by notification in the Official Gazette, fix from time
to time the maximum or minimum price or both, at which any variety of jute
textiles or any grade or specifications of such variety may be purchased or
sold for use under the Jute Packaging Materials (Compulsory use in Packing
Commodities) Act, 1987 (10 of 1987).
4. Power to Control production of jute textiles –
The Jute Commissioner shall take all steps necessary for the
implementation of the Jute Packaging Materials (Compulsory use in Packing
Commodities) Act, 1987 or any other directive of the Central
Government and may by order, direct any manufacturer or class of manufacturers,
or the manufacturers generally, to produce such quantities of such classes or
specifications of jute textiles as may be specified in the order for such
implementation.
5. Power to regulate stocks of raw jute –
(1) The Jute Commissioner may, by order, specify the maximum or minimum quantity of raw
jute, which a jute manufacturer may have in his possession during any specified period.
(2) In issuing an order under sub-clause (1), the Jute Commissioner shall have regard to
paragraph 4 of this Order.Provided that any order issued under this paragraph shall be
for a specific period.
6. Power to inspect quality:
(1) The Jute Commissioner, may with a view to ensuring quality of jute textiles in the market and to
protect the interests of end user. require any person holding stock of jute textile,
(a)
to deliver samples
for inspection at a place and time so fixed by a general or specific order;
(b) to permit any official of the Central or State Government or any other autonomous
body
authorised by the Jute Commissioner to draw such samples for testing the same;
(c) dispose of such stock(s) not conforming to specifications in such a manner as may be
specified by him: Provided that a reasonable opportunity is afforded to such person
before passing an
order under clause(c).
7.
Power to call for information and to
inspect, search and seizure --
(1) The Jute Commissioner or any officer duly authorised by him in this behalf may, with a
view to securing compliance
with this Order –
(a) require any person to give any information in his possession with respect to any business
carried
on by that person or any other person;
(b) inspect or cause to be inspected or seize or cause to be seized books of accounts or
other documents in the possession or under the control of any person which in his opinion
shall be useful for or relevant to, any proceedings in respect of any contravention of this
Order and allow the person from whose custody such books of accounts or other
documents are seized to make copies thereof or to take extracts therefrom in the presence
of the officer having the custody of such
books of accounts of other documents;
(c) enter and search any premises and seize any raw jute or jute textiles in respect of which he
has reason to believe that contravention of this Order has been, is being or is about to
be committed and thereafter take or authorise the taking of all measures necessary for
securing the production of stocks so seized, in a court for their safe custody, pending
such production.
(2) Every person who is required to give any information or furnish sample or produce
any book or other documents under sub-clauses (a) and (b) of clause (1) shall
comply with such requisition or direction.
(3) The provisions of the Code of Criminal Procedures, 1973(2 of 1974) relating to
search and seizure shall, so far as may be, apply to searches and seizures under
this paragraph.
8. Appeal –
Any person aggrieved by an order of
the Jute Commissioner made under this Order may prefer an appeal to the Central
Government within thirty days of the date of communication to him of such order
and the Central Government may after giving the applicant an opportunity of
being heard, pass such orders on the appeal as it thinks fit and the decision
of the Central Government thereon shall be final;
Provided that the Central Government may entertain an appeal after the expiry of said period of
thirty days, if the applicant satisfies the Central Government that he had sufficient cause for
not preferring the appeal within the specified time.
9.
Penalty --
Any person who contravenes any of the
provisions of this Order or fails to carry out any direction or requisition
made thereunder shall be punishable under section 7 of the Essential
Commodities Act, 1955.
10. Power to authorise sub-ordinate officers –
Subject to the
prior approval of the Central Government, the Jute Commissioner may, by a
general or special order in writing, authorise any officer of the Central
Government or a State Government to exercise on his behalf, all or any of his
functions and powers under this Order.
11. Repeal and Saving:-
The Jute Textiles(Control) Order, 1956 and the Jute (Licensing and Control) Order, 1961 are hereby repeated.Provided that any order made, notification issued, right accrued, penalty imposed or anything done or any action taken or purported to have been done or taken under or in pursuance of the said Orders shall be deemed to have been made, issued, accrued, imposed or done or taken under or in pursuance of the corresponding provisions of this Order.
Powers under Jute Packaging Order May 1987 | Minimum use of Jute in Packaging; Order Aug. 1987
Jute & Jute Control Order of April 2000
Jute Packaging Materials Act | JMDC Act | Jute Manufacturers Cess Act
Jute Packaging Material Rules of 26th August 1987.