An Act to provide for the regulation of the rearing of silkworm seed in the Andhra area of the State of Andhra Pradesh. Whereas it is expedient to provide for the regulation of the rearing of silkworm seed and the sale or purchase of Cocoons in the State of Andhra Pradesh; Be it enacted in the Seventh Year of the Republic of India as follows :-

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S.1 Short title, extent and commencement

Short title, extent and commencement :- (1) This Act may be called the Andhra Pradesh Silkworm Seed and Cocoon (Control) Act, 1956.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint.

S.2 Definitions

Definitions :- In this Act, unless there is anything repugnant in the subject or context-

(a) "Cocoon" means cocoon produced by mulberry or tassar silkworms, either green or stifled, dried or in any other state or condition, but does not include pierced cocoon;

Explanation :- In this clause, "pierced cocoon" means a cocoon from which moth has been cut out;

(aa) "cocoon market" means a market established under Section 5-A, for the sale or purchase of cocoons of all kinds intended for reeling;

(aaa) "director" means the Director of Sericulture, Andhra Pradesh;

(b) "Government" means th

S.3 Regulation of Manufacture, etc., of silkworm seed

Regulation of Manufacture, etc., of silkworm seed :- 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.

S.4 Regulation of rearing

Regulation of rearing :- No person shall rear silkworms from silkworm seed other than silkworm seed obtained from a person who holds a licence under this Act.

S.4-A Regulation of disposal of silkworm cocoons

Regulation of disposal of silkworm cocoons :- No rearer shall dispose of, or agree to dispose of, or in pursuance of an agreement entered into make delivery of, silkworm cocoons except to persons holding a licence under this Act.

S.4-B Regulation of sale or purchase of silkworm cocoons

Regulation of sale or purchase of silkworm cocoons :- (1) In any area in which a cocoon market is established under this Act,

(a) no rearer shall sell or agree to sell;

(b) no person shall purchase of agree to purchase;

silkworm cocoons except in such cocoon market and except in such manner as may be prescribed.

(2) Where a cocoon market is established for any area, no person shall, except in such cocoon market, use or permit the use or assist in the use of, any building, room, tent, enclosure, vehicle, vessel or place in such area for the sale or purchase of silkworm cocoons, or in any manner aid or abet the sale or purchase o

S.4-C Regulation of transport of silkworm cocoons

Regulation of transport of silkworm cocoons :- (1) No person shall transport out of the State silkworm cocoons, except under a permit issued by the Director or any other officer of the Sericulture Department authorised by him in this behalf, and on such terms and conditions and on payment of such fees as may be prescribed.

(2) Any permit issued under sub-section (1) may be cancelled by the officer aforesaid for breach of any of the terms and conditions subject to which it was issued or for any other reason to be recorded in writing.

S.5 Application for licence

Application for licence :- Every application for the grant of a licence under this Act, shall be made to the licensing authority in such form as may be prescribed.

S.5-A Establishment of cocoon market

Establishment of cocoon market :- (1) The Government may, from time to time, by notification :-

(a) specify the places at which cocoon markets, cocoon market yards and cocoon store shall be located;

(b) appoint a Market Officer, and constitute a committee consisting of two representative of rearers, and one each of licensed buyers in charge of charka establishments and filature establishments, with the Market Officer as Chairman, for regulating, generally the procedure for the conduct of business in the cocoon market and for the performance of such functions as may be determined by the Government:

Provided that the Director, or any officer of the Sericulture Depa

S.6 Power of inspection

Power of inspection :- (1) The licensing authority or any officer authorized by the licensing authority in writing in this behalf may, with a view to securing compliance with this Act or with any rule or order made thereunder

(a) require any person licensed under this Act to furnish such information as may be specified;

(b) inspect or cause to be inspected any return, document or account book in the possession of a person licensed under this Act;

(c) at all reasonable times enter and inspect any land, building, vessel, vehicle or place of a person licenced under this Act;

(d) at all reasonable times enter and search any land,

S.7 Penalties

Penalties :- (1) Any person who contravenes or fails to comply with all or any of the provisions contained in this Act or any rule or order made thereunder shall be punishable with fine which shall not be less than five hundred rupees and any Court trying any such contravention or failure may direct that any silkworm seed or Cocoon 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.

(2) Any person, who contravenes the provisions of Clause (b) of sub-section (1) of Section 4B or sub-section (2) thereof, shall be punishable with imprisonment which may extend to three months or with fine

S.7-A Compounding of offences

Compounding of offences :- (1) The Director or such officer as may be prescribed may -

(a) accept, by way of composition, from any person who committed or in respect of whom it can be reasonably inferred that he has committed any offence under the provisions of this Act or the rules made thereunder, such sum of money not exceeding the amount of fine payable for such offence, as may be determined by the Director or such officer;

(b) in all cases in which any property has been seized as liable to confiscation under this Act, release the same on payment of the value thereof as estimated by the Director or such officer.

(2) On payment by such person the sum of money o

S.8 Previous sanction for prosecution

Previous sanction for prosecution :- No prosecution shall be instituted under Section 7 without the previous sanction of the Director.

S.9 Offences by Companies

Offences by Companies :- (1) Where an offence under this Act has been committed by a company, 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 shall be liable to be proceeded against and punished accordingly:

Provided that nothing in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without knowledge or that he exercised all due deligence to prevent the commission of such offence.

(2) Notwithstanding anything in sub-section (1), where an offence under this Act ha

S.10 Inquiry and trial of Offences

Inquiry and trial of Offences :- No offence punishable under this Act or any rule or order made thereunder shall be inquired into or tried by any court inferior to that of a Magistrate of the first Class.

S.10-A Suspension or cancellation of licence

Suspension or cancellation of licence :- (1) The Director, if satisfied that any person, holding a licence under this Act, has contravened the provisions of this Act, or the rules made thereunder, or any other terms and conditions of the licence, may, without prejudice to any punishment under Section 7, after giving the person concerned an opportunity of being heard, suspend or cancel the licence granted to such person.

(2) Any person aggrieved by the order of suspension or cancellation of licence may appeal to the Government within such time and in such manner as may be prescribed, and the decision of the Government on such appeal shall be final.

S.11 Protection of Government Officers and Servants

Protection of Government Officers and Servants :- (1) No suit, prosecution or other proceeding shall lie against any officer or servant of the Government for any act done or purporting to be done under this Act, without the previous sanction of the Government.

(2) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act.

S.12 Exemption

Exemption :- Nothing contained in this Act shall apply to any place where silkworms are reared by any department of Government.

S.13 Power to make rules

Power to make rules:- (1) The Government may, by notification in the Andhra Pradesh Gazette 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 applications for licences may be made; "and the fees for the grant of such licences".

(b) the terms and conditions which may be included in any licence;

(bb) the grant of duplicate licences and the renewal of licences and the fees for the same;

(c) appeals from any order under this A