Keyword(s):
Cocoon, Rearer, Rearing, Silkworm, Silkworm Seed

The Tamil Nadu Silkworm Seed (Production, Supply and Distribution)
Act, 1956
Act 23 of 1956
Keywords (s):
Cocoon, Rearer, Rearing, Silkworm, Silkworm Seed
1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution)
1
[TAMIL NADU] ACT No. XXIII OF 1956.2
[THE 1
[TAMIL NADU] SILKWORM SEED
(PRODUCTION,
SUPPLY AND DISTRIBUTION) ACT,1956.]
(Received the asent of the President on the 27th October
1956; first published in the Fort St. George Gazette on the
31st October 1956).
An Act to provide for the regulation of the production,
supply and distribution of silkworm seed in the 3
[State
of Tamil Nadu]
WHEREAS it is expedient to provide for the regulation of the
production, supply and distribution of silkworm seed in the
3
[State of Tamil Nadu].
BE it enacted in the Seventh Year of the Republic of India
as follows:-

  1. (1) This Act may be called the 1
    [TAMIL NADU] Silkworm
    Seed (Production, Supply and Distribution) Act, 1956.
    (2) It extends to the whole of the 3
    [State of Tamil Nadu].
    *(3) It shall come into force on such date as the
    Government may, by notification, appoint.
    Short title,
    extent and
    commencement.
  2. (1) In this Act, unless the context otherwise requires Definitions.
    (a) “cocoon” includes cocoon produced by mulberry
    silkworms, tussar silkworms, muga silkworms and eri
    silkworms, either green or stifled, live or pierced, dried or in
    any other state or conditions;
    1
    These words wee substituted for the word “Madras” by the
    Tamil Nadu Adaption of Laws Order, 1969, as amended by the Tamil
    Nadu Adaption of Laws (Second Amendment) Order, 1969.
    2
    For Statement of Objects and Reasons, see Fort St. George Gazette,
    Part IV-A, dated the 14th March 1956, page 26.
    3
    Thisexpression was substituted for the expression “State of Madras” by
    the Tamil Nadu Adaption of Laws Order, 1969, as amended by theTamil
    Nadu Adaption of Laws (Second Amendment) orders 1969.
    *Deemed to have come into force on the 1st November1956..
    Silkworm Seed (Production, Supply and Distribution (1956 : T.N.Act XXIII)
    (b) “Director” means the 1
    [Director of Industries and
    Commerce, Tamil Nadu];
    (c) “Government” means the State Government;
    (d) “licensed buyer” means a person in charge of a charka
    establishment or a filature establishment licensed under
    this Act to purchase silkworm cocoons for reeling silk.
    Explanation:- In this clause “charka establishment”
    means an establishment where silk is reeled from silkworm
    cocoons with the help of any indigenous contrivance
    utilizing manual labour for turning the reels and direct fire for
    heating the water for cooking and reeling cocoons; and
    “filature establishment” means an establishment where silk
    is reeled from silkworm cocoons by utilizing power for
    turning the reels and steam for cooking and reeling
    cocoons;
    (e) “rearer” means a person engaged in rearing silkworms
    for the production of silkworm cocoons, whether for
    reproduction or reeling;
    (f) “rearing” includes all operations from the incubation of
    silkworm eggs and brushing of silkworms to the
    harvesting of cocoons;
    (g) ”silkworm” includes mulberry silkworms, tussar
    silkworms, muga silkworms and eri silkworms;
    (h) “silkworm seed” means silkworm cocoons, moths, eggs
    or young silkworms of whatever description intended to
    be used for the purposes of reproduction or rearing.
    (2) If any question arises, whether:-
    (a) any contrivance is a charka or not; or
    (b) any crop is a cocoon crop or not; or
    (c) any establishment is a filature or not,
    1This expression was substituted for the expression “Director of
    Industries and Commerce, Madras” by paragraph 3(1) of the Tamil
    Nadu Adaptation of Laws Order, 1970, which was deemed to have
    come into force on the 14th January 1969.
    1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution)

the question shall be decided by the officer in-charge of the
Sericultural section of the 1
[Department of Industries and
Commerce, Tamil Nadu] and his decision thereon shall be
final.

  1. No person shall manufacture, store, transport, sell or
    otherwise distribute silkworm seed except under and in
    accordance with the terms and conditions of a
    licence issued under this Act.
    Regulation of
    manufacture,
    etc., of
    silkworm
    seed.
  2. No person shall rear silkworms except under and in
    accordance with the terms and conditions of a licence
    issued under this Act. or from silkworm seed other than
    silkworm seed obtained from a person who holds a licence
    issued under this Act.
    Regulation of
    rearing
  3. No rearer shall dispose of, or agree to dispose of, or
    in pursuance of an agreement entered into make delivery of,
    any silkworm cocoons for reeling except to a licensed buyer.
    Regulation of
    disposal of
    silkworm
    cocoons
  4. No rearer shall sell or agree to sell, and no licenced
    buyer shall purchase or agree to purchase silkworm
    cocoons for reeling, except in cocoon markets or cocoon
    market yards established under this Act, and at prices other
    than those fixed from time to time by notification by the
    Director.
    Regulation of
    sale or
    purchase of
    silkworm
    cocoons for
    reeling
  5. No person shall carry on the business of reeling silk
    from silkworm cocoons unless he holds a licence issued
    under this Act.
    Regulation of
    reeling
  6. The prescribed officer may authorize any person in
    writing to possess silkworm seed.
    Regulation of
    possession of
    silkworm
    seed:
  7. Every application for the issue of a licence under this
    Act shall be made to such authority and in such form as
    may be prescribed.
    Application for
    licence.
    1This expression was substituted for the expression “Department
    of Industries and Commerce, Madras” by paragraph 3(1) of Tamil
    Nadu Adaptation of Laws Order, 1970, which was deemed to
    have come into force on the 14th January 1969.
    Silkworm Seed (Production, Supply and Distribution (1956 : T.N.Act XXIII)
    Constitution
    and powers of
    market
    committee.
  8. (1) The Government may, by notification, establish a
    market committee, with jurisdiction over such area as may
    be specified in the notification.
    (2) The market committee shall consists of a Chairman,
    who shall be appointed by the Government and four
    members elected on the following electorates as specified
    below.-
    (a) Silkworm rearers … … … … 2
    (b) Charka reelers … … … … 1
    (c) Filatures … … … … 2
    (3) The powers, duties and functions of the market
    committee shall be such as may be prescribed.
    Regulation
    and distribution of
    silkworm
    seed.
  9. (1) The Goverment may, from time to time, by
    notification –
    (a) specify the places at which cocoon markets or
    cocoon market yards shall be located.
    (b) Fix the basic price at which standard quality cocoons
    for reeling may be sold or bought:
    (c) specify, a sliding scale of prices for variations from
    the standard quality calculated on the basic price;
    (d) specify the sericultural areas in the State, to be
    served by each cocoon market where silkworm cocoons
    produced within such areas shall be sold:
    (e) assign zones and markets in which any licensed
    buyer may carry on his business.
    (2) After taking into consideration the quantity of silkworm
    cocoons available in the State and the scale of operations
    and consumption of silkworm cocoons by each licensed
    buyer, the Government may from time to time, by order
    determine the quota of silkworm cocoons to be sold to
    licensed buyers.
    Power to
    obtain
    information
  10. Any officer authorized in this behalf by the Director
    may, with a view to ascertaining whether the provisions of
    this Act and the rules, orders and notifications made
    thereunder are complied with, by order, require any person
    to furnish any information in his possession and specified in
    the order.
    1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution)
  11. (1) The Director or any officer authorized in this behalf
    by the Director may, for the purpose of satisfying himself
    that the provisions of this Act and the rules, orders and
    notifications made thereunder are complied with, at any time
    during business hours, enter and inspect any premises,
    godown, land or place used for rearing silkworms or for
    storing cocoons or silk; and every owner, occupier or person
    in charge of such premises, godown, land or place shall
    give every reasonable assistance to the Director or the
    officer in connection with such entry and inspection.
    (2) The Director or the officer referred to in subsection (1) may, if he is satisfied that any silkworms,
    cocoons or silk are reared or stored in any premises,
    godown, land or place referred to in that sub-section in
    contravention of the provisions of this Act or the rules,
    orders or notifications made thereunder, seize such
    silkworms, cocoons or silk.
    Power of entry
    and seizure
  12. Any person who contravenes or fails to comply with
    all or any of the provisions contained in this Act or any rule,
    order or notification made thereunder or any of the
    conditions of a licence issued or renewed under this Act or
    the rules made thereunder shall be punishable with fine
    which may extend to five hundred rupees: and any Court
    trying any such contravention or failure may direct that any
    silkworm seed or any vessel, receptacle, apparatus,
    package or covering containing the same in respect of
    which the Court is satisfied that such contravention or
    failure has occurred shall be forfeited to the Government.
    . Penalties
  13. (1) Any offence punishable under this Act may be
    compounded by the Director on payment of such
    amount as may be prescribed.
    (2) On the composition of an offence under subsection (1) the person concerned, if in custody, shall be set
    at liberty, 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.
    Composition
    of offences
    Silkworm Seed (Production, Supply and Distribution (1956 : T.N.Act XXIII)
    Trial of
    offences. 16. (1) No Court inferior to that of *Presidency
    Magistrate or a Magistrate of the first class *shall try any
    offence made punishable by this Act or any rule made
    thereunder.
    (2) No prosecution under this Act or any rule made
    thereunder shall be instituted except on a complaint in
    writing made by the Director.
    Protection for
    acts done in
    faith
  14. No suit, prosecution or other legal proceeding shall
    lie against any person for anything which is in good faith
    done or intended to be done in pursuance of this Act or any
    rule, order or notification made thereunder.
    Officers to be
    deemed
    public
    servants
    18 .Every officer acting in pursuance of the provisions of
    this Act or any rule, order or notification made thereunder,
    shall be deemed to be a public servant within the meaning
    of section 21 of the Indian Penal Code (Central Act XLV of
    1860).
    Power to
    make rules
  15. (1) The Government may by notification, make rules
    to carry out the purposes of this Act.
    (2) In particular and without prejudice to the generality
    of the foregoing power, such rules may provide for :-
    (a) the form and manner in which and the authority
    to which applications for licences may be made;
    (b) the terms and conditions which may be included
    in any licence and the fees for the grant of such licence;
    (c) the grant of duplicate licences and the renewal of
    licences and fees for the same;
    (d) the qualifications of reares and other persons to
    whom licences may be issued under this Act;
    (e) the duties and powers of officers authorized to
    enforce the provisions of this Act;
    (f) the fee payable by a licenced buyer in respect of
    cocoons purchased by him in the cocoon market;
    (g) the election, appointment and removal of
    members of market committees, the manner of election and
    the powers, duties and functions of such committees;
    *According to clauses (a) and (c) of sub-section (3) of section 3 of the
    Code of Criminal Procedure, 1973 (Central Act 2 of 1974) any reference
    to a Magistrate of the first class shall be construed as a reference to a
    Judicial Magistrate of the first class and any reference to a Presidency
    Magistrate shall be construed as a reference to a Metropolitan
    Magistrate.
    1956 : T.N.Act XXIII) Silkworm Seed (Production, Supply and Distribution) (h) the procedure to be followed by a market
    committee in respect of financial matters generally,
    including the manner in which and the restrictions and
    conditions subject to which, expenditure may be incurred
    by it;
    (i) 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;
    (j) generally regulating the procedure to be followed
    in proceedings under this Act;
    (k) any matter expressly required or allowed by this
    Act to be prescribed.
    (3) The power to make rules under this Act is subject to
    the condition of the rules being made after previous
    publication.
    (4) All rules made under this Act shall be placed on
    the table of the Legislative Assembly as soon as possible
    after they are published and shall be subject to such
    modifications, whether by way of repeal or amendment as
    the Assembly may make during the session in which they
    are so laid.