Andhra Pradesh Silkworm Seed And Cocoon (Control) Rules 1983

In exercise of the powers conferred by sub-section (1) of Section 13 of the Andhra Pradesh Silkworm seed and Cocoon (Control) Act, 1956 (Act, No.15 of 1956) and in supersession of the Andhra Pradesh silkworm Seed (control) and Cocoon Rules, 1980 issued in G.O.Ms.No. 6, Ind. & Com, (S P & S) Department, dated 3rd January, 1980 and published in Rules Supplement to Part II, Extraordinary of Andhra Pradesh Gazette, dated the 10th January, 1980 the Governor of Andhra Pradesh hereby makes the following rules

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R.2 Definitions

In these rules, unless the context otherwise requires:-

(a) "Act" means the Andhra Pradesh silkworm Seed and Cocoon (Control) Act, 1956.

(b) "Authorised Agent" means a representative of the licenced buyer as authorised and approved in Form No. 14.

(c) "Cocoon" means the cocoons produced by mulberry or tassar or Eri silkworms either green or stifled dried or in any other stage or conditions whether used for reproduction or reeling other than pierced cocoons.

(d) "Charka" means the old contrivance used for reeling silk directly.

(e) "Cottage basin" means a reeling basin with six ends used for reeling silk on small reels and re reeled into skiens or directly on standard reels.

(f) "Department" means the Department of Sericulture.

(g) "Director" means the Director of Sericulture.

(1) No person, other than a licensee shall rear silkworm seed, other than the seed obtained from a Government Grainage or those certified by the licensing authority, or by any Officer authorised by him, to be of good quality; and shall not engage in such rearing, at places other than those the towns or villages specified from time to time by the Director of Sericulture under these rules.

(2) A person, who has obtained silkworm seed from a Grainage or any Grainages approved by the Director, shall preserve the bill and the egg sheets issued by the Grainage in respect of the silkworm seed supplied by such Grainage and shall, when so required by the officer, produce them before him.

R.1 Short title

(1) These rules may be called the Andhra Pradesh silkworm Seed and Cocoon (Control) Rules, 1983.

(2). They shall come into force at once.

(3) These rules are applicable to the entire State of Andhra Pradesh.

R.7 Renewal of Licence

(1) A licence may, on application in Form No.7, after the Licens ing authority having satisfied that the applicant continues to satisfy the conditions for grant of a licence, be renewed by the licensing authority. If the licencing authority after such enquiry, as he deems fit, and after giving an opportunity to the applicant to be heard, is satisfied that the licensee has contravened any condition of the licence granted or renewed in respect of the preceding year, refuse to renew the licence. The renewal fee is specified in the Table below:-

TABLE

Sl. No.	Category of renewal	Fee
(1)	(2)	(3)
1.	Rearer including

R.6 Fees for the Grant of licence

A licence may be granted under Rule 5, on payment of the fee specified in the Table below :-

TABLE


Sl. No.	Category of licence		Fee

(1)	(2)		(3)

1.	Rearer including Seed Rearer	......	One Rupee
2.	Cocoon buying and reeling :
	(a) Charka (single)

R.11 Conditions for the grant of Licence

(1) A person shall be eligible for the grant of licence for rearing silkworms, if he possesses experience in silkworm rearing and has his own leased garden and rearing accommodation.

(2) No person will be eligible for the grant of licence to be a seed rearer unless he possesses the following qualifications namely:-

(a) The person concerned should be in possession of a well maintained mulberry garden, a disinfectable rearing apartment and a rearing appliance such as stands, trays, chopping knives, chopping boards and chandrikas useful for rearing;

(b) He should be an experienced silkworm seed rearer knowing the techniques of silkworm rearing; and

(c) in the case of Sericulture co_operative Society approved by the Director of Sericulture, the person or persons employed by the society should be experienced silkworm seed rearers knowing the techniques of silkworm reari

R.5 Grant of Licence

(1) the licensing authority may, after having satisfied that the applicant for a licence to be a rearer is eligible for the grant of licence issue him a licence in Form No.3 or refuse the grant of licence subject to such conditions specified therein.

(2) The licencing authority may, if it is satisfied that the applicant for a license to be a seed rearer, is eligible for the grant of licence and taking into consideration the number of seed rearer serving the area in which applicant proposes to engage in seed rearing and the needs of the area grant him a licence in Form No.4 or refuse the grant of licence subject to such conditions specified therein.

(3) The licencing authority may, if it is satisfied that the person, who wishes to carry on the business of reeling silkworm cocoons, twisting raw silk, is incharge of charka, cottage basin or filature or twisting unit establishment and has sufficient experience of

R.10 Payment of Fees

Every application for grant or renewal of licence under these rules shall be accompanied by:-

(1) A treasury receipt in original showing that prescribed fee under Rules 6 and 7 has been paid into the local treasury under the following head of account:

"121 Village and Small Industries-

MH 35 Sericulture Industry -

SH (01) Sericulture"-

(2) If an application for the grant or renewal of a licence is rejected, the fee paid shall be refunded to the applicant.

R.4 Applications for grant of licenses

(1) An application for a licence under Section 5 of the Act for silkworm rearing or seed rearing shall be made to the licensing authority in Form No.1

(2) An application for a license for the establishment of Charka, Cottage Basin and Mini filature, Improved Machine and twisting units and also for buying of the cocoons shall be made to the licensing authority in Form No.2.

R.8 Procedure on Death of Licensee

If a licensee dies, the authorised agent carrying on the business of such licensee shall not be liable to any penalty under the Act for exercising the powers granted to the licensee by the licence until such time as may reasonably be required to allow him to make an application for a licence in his own name.

R.9 Loss of Licence

Where a licence granted under these rules is lost or is accidentally destroyed or is mutilated, a duplicate licence may be granted on payment of a fee of 50% of the fee prescribed under Rules 6 and 7 for the first time and full fee subsequently.

R.12-A Sericulture Development Fund

(1) There shall be formed for the whole of the State a Fund to be called the Sericulture Development Fund. All fees collected in markets shall constitute this Fund. It shall, however, be competent for the Government to add such other fund as it may deem fit to the Fund.

(2) The Sericulture Development Fund shall vest in the Sericulture Development Fund Authority hereinafter called Authority and shall be deposited in the Government Treasury in a P.D. Account.

(3) The Authority shall consist of the following Members :-

(1)	Commissioner of Sericulture	......	Chairman
(2)	Joint Secretary to Government dealing with subject of Sericulture in Agriculture and co_operationDepartment	......

R.14 Powers and Duties of Market Committee

(1) The Market Committee shall take immediate action to prevent vzifly infection detected in the cocoon lots by taking such steps as required.

(2) It shall be the duty of the market committee to ensure fair trading and prompt payment in all transactions conducted in the market.

(3) The Committee shall get the cocoons weighed and conduct the open auction as contemplated is sub-section (2) of Section 5 A of the Act.

(4) The market Officer shall conduct all correspondence and sign all documents on behalf of the Committee.

(5) The employee of the Committee shall be subject to the orders of the Committee under the control of the Market Officer.

(6) The Market Officer shall be responsible for keeping of accounts for the punctual and regural rendering of all reports and returns and for the custody of all moneys not deposited in the treasury and shal

R.12 Conditions and manner governing transaction relating to Sale or purchase of Silkworm Cocoons in a Cocoon Market

(1) No rearer shall sell or agree to sell silkworm cocoons except in a cocoon market established under the Act except in accordance with the following conditions and in the manner laid down hereunder.

(a) No rearer shall sell or agree to sell silkworm cocoons of any kind other than silkworm cocoons of the kind permitted to be sold in the cocoon market.

(b) Only a rearer or any agent authorised by him in writing shall transact business in the cocoon market.

(c) A rearer shall not carry on any business transaction relating to sale of silkworm cocoons except in accordance with the conditions under which he is permitted to do so.

(d) A rearer shall maintain true and correct accounts relating to sale of silkworm cocoons in the cocoon market either by himself or by his agent.

(e) A rearer or his agent shall, if so required by an Officer produce his

R.13 Market Committees

(1) The Committee constituted under clause (b) of sub-section (1) of Section 5 A of the Act shall consist of two representatives of rearers, and one each of licensed buyers incharge of charka establishments and filature establishments with the market officer as the chairman.

(2) The term of office of every member of the Market Committee shall be one year from the date of the constitution of that Committee, unless he ceases to be a member due to death or resignation or removal.

(3) Where the Government is of the opinion that a member of the Market Committee is persistently not performing the duties entrusted to him, they may, after giving that member an opportunity remove him from membership of the Committee.

(4) If any vacancy arises, in the Committee due to death resignation or removal it shall be filled by the Government in the manner specified in sub-rule (1) of this rule and such a p

R.16 Procedure regarding Seizure

(1) When any silkworm seed or silkworm cocoons including any vessel, receptacle, apparatus, package or covering in which such silkworm seed or silkworm cocoons is contained is seized by any Officer not below the rank of Inspector of Sericulture acting under Clause (d) of the sub-section (1) of the Section 6 of the Act shall follow the following procedure.

(1) A report shall be prepared by the Officer in the presence of two or more respectable witnesses of locality.

(2) The material seized shall be properly secured and identified and sent at once to the nearest Government Institution of the Department for safe custody and a report of the action taken shall be made to the immediate superior of such Officer.

(3) If such Officer is empowered under Section 8 of the Act he may lodge a complaint in the competent court or submit a detailed report to the officer competent to do so.

(1) Any person aggrieved by an order of the licensing authority may within fifteen days from the date of communication of the order appeal to:

(i) the Director of Sericulture, in the case of an order passed by an authority subordinate to him.

(ii) the State Government in the case of an order passed by the Director of Sericulture.

(2) An Appeal under sub-rule (1) shall be in the Form of a memorandum setting forth precisely the grounds of objection to the order, and shall be accompanied by a copy of the order appealed against.

(3) The appellate authority shall, after giving an opportunity to the appellant of being heard, and after such enquiry as it may consider necessary, pass such order on the appeal as it deems fit.

Explanation :- For purposes of sub-rule (1) of this rule an order shall be deemed to have been communicated, on the d

R.17 Maintenance of Registers

Every licensee for Rearer or Seed Rearers shall maintain an account of receipts of disease free layings and cocoons harvested in the register in Form No.15 and shall submit a copy of the same to the licencing authority for every fifteen days.

R.14-A Composition of Offences

The Joint Director Deputy Director and Assistant Director of Sericulture are the Officers under Section 7 A of the Act, to deal with the composition of offences.