THE UTTAR PRADESH JUTE GOODS (CONTROL) ACT, 1950

144 THE UTTAR PRADESH JUTE GOODS (CONTROL) ACT, 1950 1 [U. P. Act No. XV of 1950] [Passed in Hindi by the Uttar Pradesh Legislative Assembly on March 9, 1950, and by the Uttar Pradesh Legislative Council on March 13, 1950. Received the assent of the President on March 16, 1950, under Article 201 of ‘the Constitution of India’ and was published in the Uttar Pradesh Gazette Extraordinary, dated March 16, 1950.] AN ACT to provide for regulation of the production, supply and distribution of jute goods WHEREAS by the United Provinces Jute Goods (Control) Ordinance, 1949, provision was made for regulation of the production, supply and distribution of jute goods; WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; It is hereby enacted as follows :- Short title, extent and commencement 1. (1) This Act may be called the Uttar Pradesh Jute Goods (Control) Act, 1950. (2) It extends to the whole of the Uttar Pradesh. (3) It shall come into force at once. Definitions 2. In this Act, unless there is anything repugnant in the subject or context, :-- (a) "Jute goods" includes all jute manufactures; (b) "Controller" means the Jute Controller appointed by the State Government under section 3; (c) "State Government" means the Government of Uttar Pradesh. Appointment of Controller 3. The State Government may, by notification in the official Gazette, appoint any person to be Jute Controller for the State. Power of controller to control production supply and distribution of jute goods 4. (1) Subject to the control of the State Government, the Controller, so far as it appears to him to be necessary or expedient for regulating, maintaining or increasing the production, supply and distribution of jute goods, may by order in writing- (a) require any person holding stock of jute goods to sell the whole or a specified part thereof at such prices and to such person (including the Central and State Governments) or in such circumstances as may be specified in the order: 1. For Statement of Objects and Reasons. see Uttar Pradesh Gazette Extraordinary, dated March I, 1950. 145 [The Uttar Pradesh Jute Goods (Control) Act, 1950] [Section 5-9] (b) require any person engaged in the production of jute goods to comply with such directions as may be given in the order as to type, quality and quantity of jute goods to be produced or delivered by him from time to time. (2) Any person to whom an order is issued under sub­section (1) shall comply with it notwithstanding any contract to which he is a party. Penalties 5. If any person contravenes any order issued to him by the Controller under section 4, he shall be punishable with imprisonment for a term which may extend to 3 years or with fine or with both. Offences by Corporation 6. If the person contravening an order issued by the Controller under section 4 is a Company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, 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 contravention. Cognizable offences 7. No Court shall take cognizance of any offence punishable under this Act, except on a report in writing of the facts constituting such offences made by the Controller. Protection of action taken under the Act 8. (1) 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 any order made under section 4. (2) No suit, or other legal proceeding shall lie against the State Government or the Controller for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 4. Repeal U.P. Act I of 1904 9. The United Provinces Jute Goods Control Ordinance, 1949, is hereby repealed and the provisions of sections 6 and 24 of the United Provinces General Clauses Act, 1904 shall apply as if it had been an Act repealed by an United Provinces Act.