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Jute Policy
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Essential Commodities
Act, 1955
New Delhi, the 19th April, 2000
S.O396(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
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This Order may be called the Jute and
Jute Textiles Control Order,2000,
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It extends to the whole of India.
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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,
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"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,
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"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;
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"Jute textiles" means hessian
and sacking cloth made from jute, or party from raw jute and partly from any
other material(s) where raw jute is predominant by weight;
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"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.
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"raw jute" means the fibre
of jute also known as pat, kosta, nalita, bimli or mesta;
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Jute
Packaging Material (Compulsory Use) Act, 1987
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Essential
Commodities Act, 1955 (10 of 1955)
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Jute
Products, in Order of Indian
Trade Classification Code NO.
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National
Textile Policy - 2000
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Jute
Policy Schemes
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3. Power
to fix prices
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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 prices is based on the Minimum
Support Price fixed by Central Government.
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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).
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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 shal take all necessary for the implementation of the Jute
Packaging Materials (Compulsory use in Packaging 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 specification of Jute textiles as may
be specified in the order for such implementation.
5.
Power to regulate stocks of raw jute
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The Jute
Commissioner may, by order, specify the maximum or minimum quantity of raw
jute, which a jute manufacturer may have in his procession during any
specified period.
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In issuing an order
under sub-clause (1), the Jute Commissioner shall have regard to paragraph 4
of this Order. Provided that any issued under this paragraph shall be
for a specific period.
6. Power to inspect
quality
I. The Jute Commissioner,
may with a view to ensuring quality of jute textiles in
the market and to product the interests of end user require any person holding
stock of jute textile,
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to deliver samples
for inspection at a place and time so fixed by a general or specific
order,
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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;
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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 afforaded to
such person before passing an order under clause(c).
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7. Power to call
for information and to inspect, search and seizure
I. The Jute Commissioner or any officer
duly authorised by him in this behalf may, with view to securing compliance with
this Order
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require any person to give any
information in his possession with respect to any business carried on by
that person or any other person;
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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 nay 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 there from
in the presence of the officer having the custody of such books of accounts
of other documents;
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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.
9. Penalty
Any person who contravenses any of the provisions of
this Order of fails to carry out any direction or requisition made there under
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 or 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 nay action taken or purported to have been made, issued,
accrued, imposed or done or taken under or in pursuance of the corresponding
provisions of this Order.
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