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Jute Packaging Materials
(Compulsory Use in Packing Commodities) Act 1987
An Act to provide for the compulsory use of jute packaging material
in the supply and distribution of certain commodities in the
interests of production of raw jute and jute packaging material, and
of persons engaged in the production thereof, and for matters
connected therewith.
Be it enacted by Parliament in the Thirty-eighth Year of the
Republic of India as follows : -
1. |
- This Act may be called the Jute Packaging Materials
(Compulsory Use in Packaging Commodities) Act, 1987.
- It extends to the whole of India.
- It shall come into force on such date as the Central
Government may, by notification in the Official Gazetted
appoint.
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2. |
In this Act, unless the context otherwise requires:-
- "commodity" means -
i. any essential commodity
ii any article manufactured or produced by any scheduled
industry
- " essential commodity" shall have the same
meaning as in the Essential Commodities Act, 1955 ;
- " Jute packaging material" means jute, jute
yarn, jute twine, jute sacking cloth, hessian cloth, jute
bags or any other packaging material containing not less
than seventy-five percent, by weight, of jute;
- "scheduled industry" shall have the same
meaning as in the Industries (Development and Regulation)
Act, 1951;
- "Standing Advisory Committee" means the
Standing Advisory committee constituted under section 4.
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3. |
In this Act, unless the context otherwise requires:-
- Notwithstanding anything contained in any other law for
the time being in force, the Central Government may, if it
is satisfied, after commodities considering the
recommendations made to it by the Standing Advisory which
are required Committee, that it is necessary so to do in the
interests of production of raw jute and jute packaging
material, and of persons engaged in the production thereof,
by order published in the Official Gazette, direct, from
time to time, that such commodity or class of commodities or
such percentage thereof, as may be specified in the order,
shall, on and from such date, as may be specified in the
order, be packed for the purposes of its supply or
distribution in such jute packaging material as may be
specified in the order.
Provided that until such time as the Standing Advisory
Committee is constituted under section 4, the Central
Government shall, before making any order under this
sub-section, consider the matters specified in sub-section
(2) of section 4, and any order so made shall cease to
operate at the expiration of three months from the date on
which the Standing Advisory Committee makes its
recommendations.
- Every order made under sub-section (1) shall be laid, as
soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of
the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making
any modification in the order or both Houses agree that the
order should not be made, the order shall thereafter have
effect only in such modified form or be of no effect, as the
case may be, so, however, that any such modification or
annulment shall be without prejudice to the validity of
anything previously done under that order.
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4. |
In this Act, unless the context otherwise requires:-
- The Central Government shall, with a view to determining
the commodity or class of commodities or percentages thereof
in respect of which jute packaging material shall be used in
their packing, constitute a Standing Advisory Committee
consisting of such persons as have, in the opinion of that
Government the necessary expertise to give advice in the
matter.
- The Standing Advisory Committee shall, after considering
the following matters, indicate its recommendations to the
Central Government, namely: -
- The existing level of usage of jute material;
- The quantity of raw jute available;
- The quantity of jute material available;
- The protection of interests of persons engaged in the
jute industry and in the production of raw jute;
- The need for continued maintenance of jute industry;
- The quantity Of commodities which, in its opinion is
likely to be required for packing in jute material;
- Such other matters as the Standing Advisory Committee
may think fit.
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| 5. |
Where an order has been
made under section 3 requiring any commodity, class of
commodities or any percentage thereof to be packed in jute
packaging material for their supply and distribution, such
commodity, class of commodities or percentage thereof shall not,
on and from the date specified in such order, be supplied or
distributed unless the same is packed in accordance with that
order:
Provided that nothing in this section shall apply to the supply
or distribution of any commodity, class of commodities or
percentage thereof for a period of three months from the
aforesaid date if immediately before that date such commodity,
class of commodities or percentage, thereof were being packed in
any material other than jute packaging material. |
6. |
The Central Government may, by order, require any person, who
is required to use jute packaging material for packing under
section 5, to furnish for the purposes of this Act,-
- such information in his possession, with respect to any
commodity or class of commodities or percentage thereof
which requires such packing, to any officer specified by it,
in such form and within such period as may be specified by
that Government in the order.
- Such samples of jute packaging material for inspection by
such officer at such places and within such period as may be
specified by it in the order.
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| 7. |
Any officer authorized
by the Central Government (hereinafter referred to as the
authorized officer) may enter, at all reasonable times, any
place, enter and premises or vehicle where any commodity packed
in jute packaging material inspect is stored or kept for supply
or distribution, and may require its production for inspection
and ask for any information relating thereto. |
8. |
- The authorized officer may, if he has reason to believe
that any commodity has been packed in contravention of
section 5 and is secreted in any place, premises or vehicle,
enter into and search such place, premises or vehicle for
such commodity.
- Where, as a result of any search made under sub-section
(1), any commodity packed in convention of section 5 has
been found the authorized officer may seized such commodity
and any other thing which in his opinion, will be useful
for, or relevant to any processing under this Act:
Provided that where it is not practicable to seize any such
commodity or thing, the authorized officer may serve on the
person an order that he shall nor remove, part with, or
otherwise deal with, the commodity or thing except with the
previous permission of the authorized officer.
- The provisions of the Code of Criminal Procedure 1973,
relating to search and seizures shall, so far as may be
apply to every search or seizure made under this section
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| 9. |
Whoever packs any
commodity, class of commodities or any percentage thereof any
material in contravention of section 5 shall be punishable with
fine any which may extend to an amount equal to double the cost
of the jute packaging material which should have been use in
accordance with the order made under section 3. |
| 10. |
If any person when
required by any order made under section 6 to furnish Penalty
any information or sample, fails to furnish such information or
sample, or makes any statement or furnishes any information
which is false in any material particular and which he knows, or
has reasonable, or makes any statement or sample, fails to
furnish such information or sample, or makes any statement or
furnishes any information which is false in any material
particular and which he knows, or has reasonable statement, or
makes any statement or sample, fails to furnish such information
or etc cause to believe, to be false or does not believe it to
be true, he shall be punishable with fine which may extend to
five thousand rupees. |
11. |
- Where an offence under this Act has been committed by a
company, Of fences 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 and shall be liable to be proceeded against and
punished accordingly.
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in
this Act, if he proves that the offence was committed
without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence.
- Notwithstanding anything contained in sub-section (1),
where an offence under this Act has been committed with the
consent or connivance of, or is attributable to any neglect
on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or
other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and
punished accordingly.
Explanation-for the purposes of this section,
- "company" means any body corporate and
includes a firm or other association of individuals;
- "director", in relation to a firm, means a
partner in the firm.
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| 12. |
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973,
every offence punishable under this Act shall be cognizable.
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| 13. |
The Central Government
may, by order published in the Official Gazette, direct that the
powers exercisable by it under any provision of this Act, other
than the power to make orders under section 3 or under section
16 or to make rules under section 17, shall, in relation to such
matters and subject to such conditions, if any, as may be
specified in the order, be exercisable also by -
- such officer or authority subordinate to the Central
government;
- Such State Government or such officer or authority
subordinate to a State Government, as may be specified in
the order.
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| 14. |
The Central Government
may give such directions as it may consider necessary to a State
Government as to the carrying into execution of the provision of
this act. |
| 15. |
No suit, prosecution or
other legal proceeding shall lie against the Central Government,
State Government or any officer or employee of the Central Govt.
of any State Government or any authorized officer for anything
which is in good faith done or intended to be done under this
Act or any rule or order made there under. |
| 16. |
- If the Central Government is of the opinion that it is
necessary or expedient so to do in the public interest, it
may, by order published in the Official Gazette, exempt any
person or class of persons, supplying or distributing any
commodity or class of commodities, from the operation of an
order made under section 3.
- Every order made under sub-section (1) shall be laid, as
soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of
the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making
any modification in the order or both Houses agree that the
order should not be made, the order shall thereafter have
effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of
anything previously done under that order.
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| 17. |
- The Central Government may, by notification in the
Official Gazette, make rules for carrying out the purposes
of the act.
- Every rule made by the Central Government under this Act
shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a
total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if,
before the expiry of the session immediately following the
session or the successive sessions aforesaid, both houses
agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule
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S. RAMAIAH
Secy. the Govt. of India
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BUSINESS
DIRECTORY 
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