In
exercise of the powers conferred by section 3 of the Essential Commodities Act,
1955 (10 of 1955), the Central Government hereby makes the following Order,
namely:- (1) This Order may be
called the Jute and Jute Textiles Control Order, 2016. (2) It extends to the
whole of India. (3) It shall come into
force on the date of its publication in the Official Gazette. In
this Order, unless the context otherwise requires,- (a) "carrier"
includes the railways, agents engaged in loading and unloading of raw jute and
jute textiles or any other person engaged in the business of transporting raw
jute and jute textiles from one place to another by land, air or water; (b) "Jute
Commissioner" means the Jute Commissioner and the Deputy Jute Commissioner
appointed by the Central Government and includes any other officer appointed as
such to exercise the powers of the Jute Commissioner under this Order; (c) "jute mill"
means a manufacturer producing jute textiles from raw jute involving mechanical
process or electrical processes or both processes; (d) "jute
textiles" means and includes yarn, twine, sacking cloth, bags or sacks and
other articles made, wholly from raw jute, or partly from raw jute and partly
from any other material or materials where raw jute constitutes more than fifty
per cent. of its weight; (e) "manufacturer"
means the producer of any variety of jute textiles by employing any process and
includes jute mill; (f) "raw jute"
means the fibre of jute also known as pat, patsan, bimli or mesta; (g) "stockist"
means and includes any person, manufacturer, dealer, importer, trader or agency
holding stock of raw jute or jute textiles or both; (h) "unfair
practices" in relation to an order made under paragraph 4 shall include
misappropriation of jute bags, non-supply or default in supply of jute bags,
supply of used or old jute bags or underweight jute bags or imported jute bags,
jute bags manufactured with imported raw jute or jute yarn or fabric, unbranded
or incompletely branded or wrongly branded jute bags or jute bags which do not
conform to the BIS standards or the specifications mentioned in the production
control order; (i) "year"
means the year commencing on the 1st day of July and ending with the 30th day
of June next following. (1) The Jute Commissioner
may, from time to time, notify in the Official Gazette, the minimum price, at which any
variety and grade of raw jute may be purchased or sold and different prices may
be fixed for different areas or for different varieties, grades or
specifications of raw jute subject to the condition that such price is based on
the Minimum Support Price declared by the Central Government. (2) In fixing such price
or prices, the Jute Commissioner shall also have regard to the varieties,
grades and specifications of raw
jute, the freight and other expenses necessary for the transport, handling and
storage of raw jute from the growing area to the area or areas in relation to
which such price or prices is or are to be fixed, necessity to make the same
available at a fair price and any other relevant factor or factors. (3) The Jute Commissioner
may, by notification in the Official Gazette, fix the reasonable price at which
any variety and grade of
raw jute may be purchased or sold, and different prices may be fixed for
different areas or for different varieties and grades of raw jute. (4) While fixing the
reasonable price under sub-paragraph (3), the Jute Commissioner shall have regard
to the variety and grade of
raw jute, the freight and other expenses necessary for the transport, handling
and storage of raw jute from the growing area to the area or areas in relation
to which such price or prices is or are to be fixed and any other relevant
factor or factors. (5) No person shall sell
or offer to sell or purchase or offer to purchase any raw jute at a price
exceeding the reasonable price
fixed therefor under sub-paragraph (3). (6) The Jute Commissioner
may, by notification in the Official Gazette, fix from time to time, the
maximum price or minimum
price or nominal price or all of them at which any specification of jute
textiles may be purchased or sold for use under the Jute Packaging Materials
(Compulsory Use in Packing Commodities) Act, 1987 (10 of 1987) or for any other
use. (1) The Jute Commissioner
shall take all steps necessary for the implementation of the Jute Packaging Materials
(Compulsory Use in Packing Commodities) Act, 1987 (10 of 1987) or any other
directive of the Central Government and may by order, direct any jute mill, to
produce such quantities of such specifications of jute textiles as may be
specified in the order for such implementation, and the said order may be called
as the Production Control Order (PCO). (2) The Jute Commissioner
shall take all steps necessary for the implementation of the Jute Packaging
Materials (Compulsory Use in
Packing Commodities) Act, 1987 (10 of 1987) or any other directive of the
Central Government and may by order, direct any importers, processors, traders
of raw jute and jute textiles to mark or print or brand such quantities of such
specifications of jute textiles as may be specified in the order for such
implementation. (1) The Jute Commissioner
may, by order, - (i) specify the maximum
quantity of raw jute or any specified variety of jute which a manufacturer
shall purchase from any specified person or agency or otherwise during any
specified period; (ii) specify the maximum
quantity of raw jute which a manufacturer may have in his own possession during
any specified period. (2) In issuing an order
under clause (i) of sub-paragraph (I), the Jute Commissioner shall have regard
to- (a) the quantity of raw
jute used by the manufacturer during the previous year; (b) the maximum quantity
of raw jute which the manufacturer has had in his possession during the period
of six months immediately preceding the date of the order; (c) the capacity of the
manufacturer to manufacture jute textiles; (d) the need to maintain
stability in the prices of raw jute; (e) the availability of
raw jute for manufacture of jute textiles; (f) paragraph 4; and (g) any other factor
which in the opinion of the Jute Commissioner is relevant for the purpose. (1) With a view to ensure
easy availability of raw jute, the Jute Commissioner may, by order, require any
stockist, - (i) to apply for
registration to the Jute Commissioner or any officer duly authorised by him in
his behalf; (ii) not to sell or
deliver his stock beyond a specified limit without the permission in writing of
the Jute Commissioner or Deputy Jute Commissioner; or (iii) to keep the maximum
quantity of raw jute or any specified variety of jute which the stockist may
have in his possession or purchase or sell from or to any specified person or
agency or otherwise during any specified period. (2) In issuing an order
under sub-paragraph (1), the Jute Commissioner shall have regard to- (i) the quantity of raw
jute in his possession; (ii) the quality,
condition and grade composition of such stocks; (iii) genuine and firm
commitment to sell and to deliver; (iv) period and the
purpose for which such stocks of raw jute are being held by various stockists
with particular reference to making raw jute easily available and to prevent
holding of stocks or speculation in raw jute through Exchange or Exchanges or
otherwise; and (v) any other factor,
which in the opinion of the Jute Commissioner may be relevant for the purpose. The
Jute Commissioner, may, with a view to ensuring quality of jute textiles in the market and to protect
the interests of the end-user, require any person, producing or holding stock
of jute textiles or transporting jute textiles to the end user, (a) to deliver samples
for inspection at a place and time so fixed by a general or specific order; (b) to permit any
official of the Central Government or State Government or any other autonomous
body or institution authorised by the Jute Commissioner to draw such samples
for testing the same; (c) to provide a copy of
the inspection report prepared by such official or body or institution to the
manufacturer or the stockist or the carrier, as the case may be, and
proceedings under clause (a) of paragraph 8 may be initiated thereafter. (a) Any manufacturer may
be prohibited from supplying any jute textiles for a period ranging from three
months to two years depending on
the nature and extent of unfair practices carried on by the manufacturer after
an enquiry as provided under this paragraph by an order of the Jute
Commissioner. (b) The Jute Commissioner
may, suomoto or on receipt of a complaint from an end-user, or procurement
agency or any other person
involved in the business of jute sacking including Director-General of Supply
and Disposal alleging unfair practices in respect of delivered jute textiles or
a consignment of jute textiles, pass an order prohibiting a manufacturer from
supplying jute textiles only after he - (i) has directed an
inspection officer not below the rank of an Inspector to conduct an inspection
of jute textiles during any
stage of production and handling jute textiles with a notice to the
manufacturer to find out whether the manufacturer has resorted to unfair
practices; (ii) has provided a copy
of the inspection report prepared by such inspection officer to the manufacturer; (iii) has issued a notice
to show cause upon the concerned manufacturer as to why punitive action in terms of clause (a)
should not be taken against him; (iv) has given such
manufacturer a reasonable opportunity of being heard, and the order shall
contain reasons as to why the
manufacturer should or should not be prohibited in terms of clause (a). (c) When an order under
clause (a) is passed by the Jute Commissioner in situations mentioned in clause
(b), the Jute Commissioner
shall have the right to dispose of such stock or stocks of jute textiles or a
consignment of jute textiles which has been supplied by the manufacturer. (d) If a manufacturer
does not co-operate or attempts to create obstruction or impediment in any form
including refusal to supply
data and information during the course of inspection or enquiry carried out
under this paragraph he may be prohibited from supplying any jute textile
against any procurement order under paragraph 4 for a period ranging from three
months to two years in terms of clause (a). (e) Every order passed
under this paragraph shall be notified in the Official Gazette. (1) The Jute Commissioner
may, with a view to securing compliance
with this Order, - (a) require any person to
give any information in his possession with respect to any business carried on
by that person or any other person; (b) inspect or cause to
be inspected or seize or cause to be seized books of accounts or other
documents in the possession or under the control of any person which in his
opinion shall be useful for or relevant to, any proceedings in respect of any
contravention of this Order and allow the person from whose custody such books
of accounts or other documents are seized to make copies thereof or to take
extracts from therein the presence of the officer having the custody of such
books of accounts or other documents; (c) enter and search any
premises and seize any raw jute or jute textiles in respect of which he has
reason to believe that a contravention of this Order has been, is being or is
about to be committed and thereafter take or authorise the taking of all
measures necessary for securing the production of stocks so seized, in a court
for their safe custody, pending such production. (2) Every person who is
required to furnish sample, or give any information or produce any book or
other documents under clauses
(a) and (b) shall comply with such requisition or direction. Any
person aggrieved by an order of the Jute Commissioner made under this Order may
prefer an appeal to the Central Government within thirty days of the date of
communication to him of such order and the Central Government may after giving
the appellant an opportunity of being heard, pass such orders on the appeal as
it thinks fit: Provided
that the Central Government may entertain an appeal after the expiry of said
period of thirty days, if the appellant satisfies the Central Government that
he had sufficient cause for not preferring the appeal within the specified
time. Any
person who contravenes any of the provisions of this Order or fails to carry out
any direction or requisition made thereunder shall be punishable under section
7 of the Essential Commodities Act, 1955 (10 of 1955). Subject
to the prior approval of the Central Government, the Jute Commissioner may, by
a general or special order in writing, authorise any officer of the Central
Government or a State Government to exercise on his behalf, all or any of his
functions and powers under this Order. The
Jute and Jute Textiles Control Order, 2000 is hereby repealed: Provided
that any order made, notification issued, right accrued, penalty imposed or
anything done or any action taken or purported to have been done or taken under
or in pursuance of the said Order shall be deemed to have been made, issued,
accrued, imposed or done or taken under or in pursuance of the corresponding
provisions of this Order.JUTE
AND JUTE TEXTILES CONTROL ORDER, 2016
PREAMBLE