Jute Textiles (Control) Order, 1956
S.R.O. 326 In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) as in force in India and as applied to the state of Pondicherry vide S.R.O. 1952 dt. 30.6.1956 the Central Government hereby makes the following order, namely :-
1. Short Title, extent and commencement
(1) This order may be called the Jute Textiles (Control) Order, 1956.
(2) It extends to the whole of India except the State of Jammu and Kashmir and also to the State of Pondicherry.
(3) It shall come into force at once.
2.Definitions : In this order, unless the context otherwise requires.
(a) "Factory" means any premises including the precincts thereof in any part of which a manufacturing process is carried on with the aid of power;
(b) "Jute Controller" means "Jute Commissioner" appointed by the Central Government.
(c) "Jute Textiles" include any fabric made either wholly from jute or partly from jute and partly from any other material and includes ,jute yarn, twine and rope.
3. Licence for manufacture of jute textiles in factories
(1) No. person shall manufacture jute textiles in any factory unless he has applied for and obtained a licence in this behalf from the Jute Controller.
Provided that the owner of a factory which has been registered or licensed under the provisions of the Industries (Development and Regulation) Act, 1951 (65 of 1951) for the manufacture of jute textiles shall not be required to apply for and obtain a licence from the Jute Controller. under this Order.
(2) Any person who was manufacturing jute textiles in any factory immediately before the commencement of this Order and who is not covered by the proviso to Sub-Clause (1) above shall, within three months of the date of issue of this Order, apply to the Jute Controller for a licence.
(3) Every application for a licence under this Order shall be in such form as may be prescribed.
(4) On receipt of such application the Jute Controller, after making such enquiry as he consider necessary, shall, by order in writing, either grant the licence or refuse to grant the same
Provided that where the Jute Controller refuses to grant a licence he shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant.
(5) In granting or refusing to grant a licence the Jute Controller shall have regard to matters such as the following, namely :
(a) The productive capacity of the factories which have already been registered or licensed under the provisions of the Industries (Development & Regulation) Act, 1951 for the manufacture of Jute Textiles :
(b) The particular variety of jute textiles which the applicant proposes to produce ;
(c) The availability of raw jute from indigenous sources; and
(d) The demand for jute textiles;
(6) Each application shall be accompanied by a Treasury Receipt for Rs. 25.00. The amount should be deposited in the nearest Government Treasury or in the nearest branch of the State Bank of India. (Amounts deposited at Bombay, Calcutta, Delhi and Madras should be deposited in the Reserve Bank of India instead of the State Bank of India). The Treasury or the bank should be asked to credit the amount to the Receipt Head "XXXII-Industries and Supplies - Miscellaneous Receipts".
(7) A licence granted to any person under this Order may contain such conditions as the Jute Controller thinks fit to impose consistently with the purpose of the Essential Commodities Act, 1955 and this Order.
3A. Notice of certain facts to be given
(1) If there is any change in the name of a factory in respect of which a licence has been granted under this Order, the owner therefore shall, within fourteen days from the date of such change, give notice in writing of the fact to the Jute Controller, and forward the licence to him for endorsing thereon the change.
(2) If there is any change in the name of the owner of a factory in respect of which a licence has been granted under this Order, the new owner thereof shall, within fourteen days from the date of such change, give notice in writing of the fact to the Jute Controller, and forward the licence to him for endorsing thereon the change (3).
4. Power to Cancel Licence
(1) The Jute Controller may, after giving the licence a reasonable opportunity of being heard cancel by order in writing a licence on the ground that there has been a breach of any of the conditions subject to which the licence was granted.
(2) Whenever a licence is cancelled, the Jute Controller shall record • brief statement of the reasons for such cancellation and furnish • copy thereof to the person whose licence has been cancelled.
5. Appeals : Any person aggrieved by the order of the Jute Controller refusing to grant licence or cancelling a licence may, within a period of thirty days from the date on which a copy of the brief statement of the reasons for such refusal or cancellation is furnished to the applicant or licence, as the case may be prefer an appeal to the Central Government on such appeal and subject to such decision the order of the Jute Controller shall be final.
6. The Jute Controller may, with a view to securing compliance with this Order :
(a) Require any person to give such information in his possession with respect to any business carried on by that person;
(b) Inspect or cause to be inspected any books or other documents belonging to or under the control of any person;
(c) Enter and search or authorise any person to enter and search, any premises and seize, or authorise any person to seize, any article in respect of which he has reason to believe that a contravention of this order has been committed and any other article in the premises which he has reason to believe has been or is intended to be used in connection with such contravention.