Office of the Jute Commissioner : Kolkata
Ministry of Textiles; Government of India
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JUTE & JUTE TEXTILES CONTROL ORDER OF 19TH APRIL 2000. NEW DELHI


S.O. 396(E).- 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.

Short title, extent and commencement – 

1.

This Order may be called the Jute and Jute Textiles Control Order, 2000,

2.

It extends to the whole of India

3.

It shall come into force on the date of its publication in the Official Gazette.

2.

Definitions – 

In this Order, unless the context otherwise requires,

(a)

” includes the railways or any other person engaged in the business of  transporting goods from one place to another by land, air or water;

(b)

Commissioner” means 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 textiles”  means hessian and sacking cloth made from jute, or partly from raw jute  and partly from any other material(s) where raw jute is predominant by weight

(d)

"manufacturer”  means the producer of jute textiles by any process involving the use of electrical power and includes composite jute mills producing jute textiles from jute  fibre involving mechanical or electrical process with heavy duty carding machine.

(e)

“raw jute” means the fibre of jute also known as pat, kosta, nalita, bimli or mesta;

(f)

"year" means the year commencing on the 1st day of July and ending with the 30th day of Jute  next following

3.

Power to fix prices – 

(1)

The Jute Commissioner may, from time to time, notify in Official Gazette, the minimum price, at which any variety or raw jute or any grade or specification of such variety may be purchased or sold and different prices may be fixed for different areas or for different varieties, grades and specifications of raw jute subject to the conditions that such price is based on the Minimum Support Price fixed by Central Government.

(2)

In fixing such price or prices, the Jute Commissioner shall have regard to the quality of raw jute or jute textiles, the railway freight, and other expenses necessary for the transport of raw jute or jute textiles from the producing centre to the area of areas in relation to which such price or prices is or are fixed, estimated cost of production, necessity to make the same available at a fair price and any other relevant factor(s).

(3)

The Jute Commissioner may, by notification in the Official Gazette, fix from time to time the maximum or minimum price or both, at which any variety of jute textiles or any grade or specifications of such variety may be purchased or sold for use under the Jute Packaging Materials (Compulsory use in Packing Commodities) Act, 1987 (10 of 1987).

4.

Power to Control production of jute textiles – 

The Jute Commissioner shall take all steps necessary for the implementation of the Jute Packaging Materials (Compulsory use in Packing Commodities) Act, 1987 or any other directive of the Central Government and may by order, direct any manufacturer or class of manufacturers, or the manufacturers generally, to produce such quantities of such classes or specifications of jute textiles as may be specified in the order for such implementation.

5.

Power to regulate stocks of raw jute – 

(1)

The Jute Commissioner may, by order, specify the maximum or minimum quantity of raw jute, which a jute  manufacturer may have in his possession during any specified period.

(2)

In issuing an order under sub-clause (1), the Jute Commissioner shall have regard to paragraph 4 of this Order. Provided that any order issued under this paragraph shall be for a specific period.

6.

Power to inspect quality – 

(1) 

The Jute Commissioner, may with a view to ensuring quality of jute textiles in the market and to protect the  interests of end user. require any person holding stock of jute textile,

(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 or State Government or any other autonomous body authorised by the Jute Commissioner to draw such samples for testing the same;

(c)

dispose of such stock(s) not conforming to specifications in such a manner as may be specified by him: Provided that a reasonable opportunity is afforded to such person before passing an order under clause(c).

7

Power to call for information and to inspect, search and seizure –

(1)

The Jute Commissioner or any officer duly authorised by him in this behalf 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 there from in the presence  of the officer having the custody of such books of accounts of other documents;

i

(c)

enter and search any premises and seize any raw jute or jute textiles in respect of which he has reason to believe that 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 give any information or furnish sample or produce any book or other documents under sub-clauses (a) and (b) of clause (1) shall comply with such requisition or direction.

(3)

The provisions of the Code of Criminal Procedures, 1973(2 of 1974) relating to search and seizure shall, so far as may be, apply to searches and seizures under this paragraph.

8.

Appeal – 

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 applicant an opportunity of being heard, pass such orders on the appeal as it thinks fit and the decision of the Central Government thereon shall be final;

9.

Penalty --

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

Power to authorise sub-ordinate officers –

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.

11.

Repeal and Saving –

The Jute Textiles (Control) Order, 1956 and the Jute (Licensing and Control) Order, 1961 are hereby revealed. 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 Orders 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.

Acts:

Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987

JMDC ACT 1983

Jute Manufacturers Cess Act 1983

National Jute Board ACT 2008

Orders:

Notification for withdrawal of minimum price dated 7th July 2006

Raw Jute Control Order for Traders No. Jute (Mktg.)/45/2005 dated 26-12-2005

Raw Jute Control Order No. Jute (Mktg.)/46/2005 dated 23-12-2005

Reasonable Price Notification S. O. 1746 (E) dated 12-12-2005

Jute & Jute Textiles Control ORDER OF 19th April 2000.

Jute & Jute Textile Control ( Amendment ) ORDER 2002 

Jute & Jute Textile Control ( Amendment ) ORDER 2005 

Powers under Jute Packaging Act; ORDER of 26th August 1987

Mandatory Jute Packaging ORDER of 28th September, 2004

Jute Batching Oil Order of 28th August 2001

Jute Bags Marking Order of 4th July, 2002

Rules:

JMDC Procedural RULES 1984

Jute Packaging Materials Rules of 26th August 1987