ANDHRA PRADESH SILKWORM SEED AND COCOON (CONTROL) ACT 1956

Transcription

1 SECTION 1 ANDHRA PRADESH SILKWORM SEED AND COCOON (CONTROL) ACT 1956 SHORT TITLE: SUB SECTION 1: This Act may be called the Andhra Pradesh Silkworm Seed and Cocoon (Control) Act SUB SECTION 2: It extends to the whole of the State of Andhra Pradesh SUB SECTION 3: It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette appoint. SECTION 2: Definitions:- In this act, unless there is anything clause repugnant in the subject or contextaaa) Director means the Director of Sericulture, Andhra Pradesh aa) Cocoon Market means a market established under Section 5(a) for the sale or purchase of cocoons of all kinds intended for reeling a) Cocoon means cocoons produced by mulberry or Tasar silkworms either green or stifled, dried, or in any other state or condition but does not include pierced cocoons. Explanation: in this clause pierced cocoons means a cocoon from which moth has cut out. b) Government means the State Government c) Licence means a licence granted under the Act d) Licencing authority means the head of the Sericulture as section in the Dept. of Ind and Com., Andhra and includes any other officer appointed by the government by notification in the Andhra Pradesh Gazette to exercise all or any of the powers or to perform all or any of the duties of a licencing authority under this Act. dd) Licenced buyer means a person who is licenced to purchase cocoons in a Cocoon Market e) Prescribed means prescribed by rules made under this Act. f) Rearer means a person engaged in rearing of silkworms for the production of silkworm cocoons, whether for reproduction or reeling. ff) Rearer includes all operations from the incubation of silkworm eggs and brushing of silkworms to the harvesting of cocoons. g) Silkworm includes mulberry silkworm, Tasar Silkworm, Muga Silkworm and Eri Silkworm. h) Silkworm Seed means silkworm cocoons, moths, eggs or young silkworms of whatever description intended to be used for the purposes of re-production or rearing. SECTION 3: REGULATION OF MANUFACTURE ETC. OF SILKWORM SEED: No person shall manufacture, store transport, sell or otherwise distribute silkworm seed except and in accordance with the terms and conditions of a licence issued under this Act. SECTION 4: REGULATION OF REARING. No person shall rear silkworm from silkworm seed other than silkworm seed obtained from a person who holds a licnece under this Act.

2 4-A.: REGULATION OF DISPOSAL OF SILKWORM COCOONS: No person shall dispose off or agree to dispose off or pursuance of an agreement entered into make delivery of silkworm cocoons except to persons holding a licence under this Act. 4-B: REGULATION OF SALE OR PURCHASE OF SILKWORM COCOONS 1) In any areas in which a Cocoon Market is established under this Act. a) No rearer shall sell or agree to sell b) No person shall purchase or agree to purchase silkworm cocoons except in such Market and except in such manner as may be prescribed. 2) Where a Cocoon Market is established for any area no person shall, except in such Cocoon Market use or permit the use or assist in the use of, any building room, tent, enclosure, vehicle vessel or place in such area for the sale or purchase of silkworm cocoons, or in any manner aid or abet the sale or purchase of silkworm cocoons. 4-C: REGULATION OF TRANSPORT OF SILKWORM COCOONS 1). No person shall transport out of the State, silkworm cocoons except under a permit issued by the Director or any other Officer of the Sericulture Department authorized by him in this behalf, and on such terms and conditions and on payment of such fees as may be prescribed 2). Any permit issued under Sub-section (1) may be cancelled by the Officer aforesaid for the breach of any of the terms and conditions subject to which it was issued or for any other reasons to be recorded in writing. SECTION. 5: APPLICATION FOR LICENCE. Every application for the grant of a licence under this Act shall be made to the licnecing authority in such form as may be prescribed. 5-A) ESTABLISHMENT OF COCOON MARKETS: 1) The Government may, from time to time by notification specify the places at which Cocoon Markets, Cocoon Market yards and Cocoon stores shall be located b) Appoint a market Officer, and constitute a Committee consisting of two representatives of rearers and one each of licenced buyers incharge of charka establishments and filature establishments, with the Market Officer as Chairman for regulating, generally and procedure for the conduct of business in the Cocoon Market and for the performance of such functions as may be determined by the Government. Provided that the Director, or any Officer of the Sericulture Department authorized by him in this behalf shall perform the functions of the Market Officer, until a Market Officer is appointed and of the Committee until a Committee is constituted, under this clause. c) Specify the Sericultural areas in the State to be served by such Cocoon Market, where silkworm cocoon produced within such areas shall be sold. d) Assign Markets in which any licenced buyer may carry on his business.

3 e) All transactions involving the sale or purchase of cocoons in a Cocoon Market shall be by open auction, the payment of the price shall be in cash and the cocoons shall be sold by weight, as required by or under the Andhra Pradesh Weights and Measures ( Enforcement) Act SECTION 6: POWER OF INSPECTION 1. The licencing authority or any officer authorized by the licencing aurhority in writing on his behalf may with a view to securing compliance with this Act or with any rules or otder made there under a) Require any person licenced under this Act ot furnish such information as may be specified b) Inspect or cause to be inspected any return, document or account book in the possession of a person, in licneced under this Act. c) At all reasonable times enter and inspect any land, building, vessel, vehicle or place or a person licenced under this Act. d) At all reasonable times enter and search any land, building, vessel, vehicle or place wherein or in any part of which silkworm seed or cocoon is stored or is being transported and seized or authorize any person to seize any silkworm seed or cocoon including any vessel, receptacle, apparatus, package or covering in which such seed or cocoon is contained if the licencing authority or the knowledge or from information given by any person and taken down by him in writing that contravention of this Act or any rule or order made there under has been or is being committed. SECTION 6: SUBSECTION 2: SECTION 7 Every owner, occupier or other person incharge of any such land, building, vessel, vehicle or place shall be bound to give all reasonable facilities to the licencing authority or the Officer aforesaid in carrying out his inspection under Sub-section. SUB SECTION-1: PENALITIES: Any person who contravenes or fails to comply with all any of the provisions contained in this Act or any rule or ordered made there under shall be punishable with fine which may extend to two hundred and fifty rupees any court trying any such contravention may or failure may direct that any silkworm seed or cocoon or any vessel, receptacle, apparatus, package or covering containing the same in respect of which the court is satisfied that such contravention or failure has occurred shall be forfeited to Government. SUB-SECTION-2: Any person who contrivance the provisions of clause (b) of sub section 1 of section 4 (b) or sub section 2 thereof, shall be punishable with imprisonment which may extend to 3 months or with fine which shall not be less than five hundred rupees but which shall not exceed one thousand rupees or both. SECTION 7 (A) : COMPOUNDING OF OFFENCES: (1) The Director of such officer as may be prescribed may (a) Accept, way of composition, from any person who committed or in respect of whom it can be reasonably inferred that he has committed, any offence under the

4 provisions of this Act or the rules made there under, such sum of money not exceeding the amount of fine payable for such offences, as may be determined by the Director or such officer. (b) In all cases in which any property has been seized as liable to confiscation under this Act release the same on payment of the value thereof as estimated by the Director or such officer. (2) On payment by such person the sum of money or the value or both as the case may be, the person, if in custody, shall be set at liberty, and all the property seized may be released and no proceedings shall be instituted against such person in any criminal court. If proceedings in any criminal court have been instituted against such person in respect of the offence the acceptance of composition shall be deemed to amount to an acquittal and in no case, any further proceedings shall be taken against such person or property, with reference to the same act or in respect of the same offence. SECTION 8: PREVIOUS SANCTION FOR PROSECUTION: No prosecution shall be instituted under section 7 without the previous sanction of the Director. SECTION-9: OFFENCES BY CORPORATIONS ETC. Where a person committing any offence punishable under this Act or any rule or order made there under is a company or an association or body of persons, whether incorporated or not, every director, manager, Secretary, agent or other officer or person concerned with the management thereof, shall, unless, he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent its commission, be deemed to be guilty of such offence. 1) OFFENCES BY COMPANIES Where an offence under this Act has been committed by a Company, every person who, at the time of offence was committed was incharge 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 in this sub-section render any such person liable to any punishment if he proved that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2) Notwithstanding anything in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence 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 of the Company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. EXPLANATION: For the purpose of this Section:- a) Company means any body corporate and includes a firm or other association of individuals and b) Director in relation to a firm, means a partner in the Firm.

5 SECTION- 10: INQUIRY AND TRIAL OF OFFENCES: No offence punishable under this Act or any rule or order made thereunder shall be inquired into or tried by any court inferior to that of a Magistrate of the Government. SECTION-10-(A): SUSPENSION OR CANCELLATION OF LICENCE 1 The Director, if satisfied that any person, holding a Licence under this Act has contravened the provisions of this Act. or the rules made there under or any other terms and conditions of the Licence, may, without prejudice to any punishment under Section 7 after giving the person concerned an opportunity of being heard, suspend or cancel the Licence granted to such persons. 2. Any person aggrieved by the order of suspension or cancellation of licences may appeal to to the Government within such time and in such manner as may be prescribed, and the decision of the Government on such appeal shall be final. SECTION 11: PROTECTION OF GOVERNMENT OFFICERS AND SERVANTS: 1. No suit, prosecution or other proceeding shall lie against any officer or servant of the Government for any act done or proposing to be done under this Act without the previous sanction of the Government. 2. No Officer or servant of the Government shall be liable in respect of any such act in any civil or Criminal proceeding if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act. SECTION 12: EXEMPTION: Nothing contained in this Act shall apply to any place where silkworm are reared by any department of Government. 1) The Government may, by Notification in the Andhra Pradesh Gazette, make rules to carry out the purposes of this Act. 2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for a) The form and manner in which applications for licences may be made and the fees for the grant of such licences. b) The terms and conditions which may be included in any licence. bb) The grant of duplicate licences and the renewal of licences and the fees for the same. c) Appeals from any order under this Act, the authority to whom such appeals shall lie, the time within which such appeals shall be made and the procedures for dealing with such appeals. cc) The manner of constituting the Cocoon Market Committees and the powers functions and duties of such Committees and the Market Officer and the sitting fee and other allowance payable to the members of the committees. d) The disposal of the silkworm seed or cocoon or the vessel receptacle apparatus, package or covering containing the same which may be noticed under Section 6. e) The Market fee payable by the rearers and the licenced buyers in respect of cocoons sold and purchased in the Cocoon Market, such fee not exceeding two

6 percent of the price amount of the cocoons, and the purposes for which the fees may be utilized. 3) Every rule made under this Act shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice by the validity of anything previously done under that rule.

7 GOVERNMENT OF ANDHRA PRADESH ABSTRACT RULES THE ANDHRA PRADESH SILKWORM SEED AND COCOON ( CONTROL) RULES PUBLICATION OF NOTIFICATION IN THE ANDHRA PRADESH GAZETTEE ORDERS ISSUED. Industries & Commerce ( SP&S) Department G.O. Ms. No. 101 Dated: Read the following 1. G.O. Ms. No: 6 Industries & Commerce Department dated From the Director of Sericulture, Rc. No: 5189/82-C1 dt G.O. Ms. No. 43, Industries & Commerce Department, dated O R D E R : - The following Notification shall be published in English in the Andhra Pradesh Gazette and Telugu in all the District Gazette. NOTIFICATION 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 & Comm ( SP&S) Department, dt. 3 rd January, 1980 and published in rules supplement to Part-II extra ordinary of Andhra Pradesh Gazette dated the 10 th January 1980 the Governor of Andhra Pradesh hereby makes the following rules:- 1. SHORT TITLE:- 1) These rules may be called the Andhra Pradesh Silkworm Seed and Cocoon ( Control) Rules, ) They shall come into force at once. 3) These rules are applicable to the entire state of Andhra Pradesh 2. DEFINITION:- In these rules, unless the contest otherwise requires. a) Act means the Andhra Pradesh Silkworm Seed and Cocoon (Control) Act, 1956 ( As amended by Act no. 16 of 1982) b) Aughorised Agent means a representative of the licenced buyer as authorized 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 f) Department means the Department of Sericulture g) Director means the Director of Sericulture, h) Disease Free Layings means the silkworm eggs which are free from all disease. i) Filature means basins with 10 ends used for reeling cocoons on small reels and re-reeled run by power j) Government means the Government of Andhra Pradesh

8 k) Grainage means a place or premises where Disease Free layings ( silkworm eggs) prepared. l) Improved Reeling Machine means reeling basins with multi ends imported from out-side the country. m) Licence means a licence granted under the Act n) Licencing Authority means the Director of Sericulture Andhra Pradesh and any other officer appointed by the Government by notification in the Andhra Pradesh Gazette under clause (d) of Section 2 of the Act. o) Market means a place specified by Government under section 5-A of the Act, for sale of cocoons of all kinds whether intended for re-production of reeling. p) Market fee means the fee payable by the rearer and the licenced buyer in respect of cocoon sold and purchased in the Cocoon Market under clause (a) of sub-section 2 of section 13 of the Act q) Officer means any officer of the Sericulture Department authorized by the Director to perform the functions of the Officer under these rules. r) Rearer means a person engaged in rearing of silkworms mulberry, tassar or eri production of silkworm cocoons whether for re-production or reeling. s) Reeling cocoons means silkworm cocoons utilized for production of silk. t) Reeling means reeling of silkworm cocoons either on Charka, Cottage basin, Filature, Imported machine or tassar reeling and twisting. u) Section means a section of the Act. v) Seed Cocoons means the cocoon of pure races utilized for production of Disease Free Silkworm Seed. w) Seed Rearer means a rearer engaged in rearing of silkworms for production of silkworm cocoons for re-production purpose. x) Silkworm Seed means the silkworm cocoon, moths, eggs or silkworms of whatever description intended to be used for the purpose of reproduction or rearing or reeling. y) Twisting means twisting of raw silk into Organgene or tram. 3: REGULATION OF PRODUCTION OF SILKWORM SEED AND COCOON: (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 licencing authority, or by any Officer authorized 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. (3) No person other than a licencee shall sell the silkworm seed (Cross Breed disease free layings). Such licensee shall procure silkworm seed ( C.B. Disease free layings) only from Grainages approved by the Director of Sericulture and as specified in the licence issued to the licensee by the licencing authority. The licensee shall sell these layings at the places notified by the licnecing authority in the licence issued to him ( Amendment issued in G.O.Ms.No.20 Industries & Commerce (SP&S) Department dated ) 4: APPLICATIONS FOR GRANT OF LICENCES: (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 Licence 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.

9 (3) An application for licence under section 3 of the Act for the sale of silkworm seed ( C.B. Disease free layings) shall be made to the licencing authority in Form No: 1-A (Amendment issued in G.O.Ms.No.20 Industries & Commerce (SP&S) Department dated ) (3-A) An application for a licence under section 3 of the Act for manufacturing and selling of silkworm seed ( C.B. Disease free layings) shall be made to the licencing authority in Form no. 1-B.( Amendment issued in G.O.Ms.No.20 Industries & Commerce (SP&S) Department dated ) 5: ISSUE 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 licensing authority may, if it is satisfied that the applicant for a Licence to be a seed rearer, is eligible for the grant of Licence and taking into consideration the number of seed rearers 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 reeling silkworm cocoons and twisting grant him a licence in Form no.5 or refund the grant of licnence subject to conditions specified therein. (3-A) The licencing authority may grant a licence to the applicant who is a rearer ( progressive Sericulturists) to sell the silkworm seed ( C.B. Disease free layings) obtained from the Government grainage or those specified by the licencing authority in Form No. 3-A now appended to or refuse the grant of licnece subject to such conditions specified therein. (Amendment issued in G.O.Ms.No.20 Industries & Commerce (SP&S) Department dated ) (3-B) The licencing authority may, after having satisfied that the applicant for a licence to manufacture and sell silkworm seed ( C.B. Disease free layings) is eligible for grant of licence, grant him a licence in Form No. 3-B or refuse the grant of licence subject to such conditions specified therein.( Amendment issued in G.O.Ms.No.20 Industries & Commerce (SP&S) Department dated ) (4) All Licences granted under this rule shall be entered in the Register in Form no:6. 6: FEES FOR THE GRANT OF LICNENCE:- A licnence may be granted under Rule 5 on payment of the fee specified in the table below: Sl.No Category of Licence Fee 1 Rearers including seed rearers Rs. 25/- 2 Cocoon buying and Reeling a) Charka ( Single) Rs. 50/- b) Cottage basin ( Single basin consisting of (six) Rs. 250/- ends. C) Filature each unit Rs. 500/- d) Improved Reeling unit each Rs. 750/- 3 Purhcase of Silkworm cocoons for reeling mulberry or Tasar Rs. 50/-

10 4 Twisting unit each consisting of 120 spindles Rs. 250/- 5 Issue of licneses to Private Grainages for Rs. 10,000/- preparation and selling of silkworm seed ( Cross Breed Disease Free layings) (Vide Amendment issued in G.o.Ms.No: 180 Agriculture & Cooperation ( Seri.) Department dt ) Note:- (i) A person who is granted licence for reeling of silkworm cocoon may also buy reeling cocoons in the notified markets with the same licence. (ii) A person engaged in silk reeling in any state other than State of Andhra Pradesh may also be granted licence for buying reeling cocoons in the notified Cocoon Markets provided that he produced a copy of the licnence granted to him in that State and he pays the prescribed fee for buying the reeling cocoons in the notified market of the State subject to the condition that the licencing authority is satisfied. 7. RENEWAL OF LICNENCE:- 1. A licence may, on application in Form No.7, after the licencing authority having satisfied that the applicant continues to satisfy the conditions for grant of a licence, be renewed by the licnencing 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 licencee has contravened by any condition of the licnence granted or renewed in respect of the preceeding year, refuse to renew the licnence. The renewal fee is specified in the Table below:- Sl.No Category of renewal Fee 1 Rearers including seed rearers Rs. 15/- 2 Cocoon buying and Reeling a) Charka ( Single) Rs. 25/- b) Cottage basin ( Single basin consisting of (six) Rs. 125/- ends. C) Filature each unit Rs. 250/- d) Improved Reeling unit each Rs. 250/- 3 Purhcase of Silkworm cocoons for reeling mulberry Rs. 25/- or Tasar 4 Twisting unit each consisting of 120 spindles Rs. 125/- 5 Issue of Licences to Private Grainages for Rs. 5,000/- preparation and selling of silkworm seed ( Cross Breed Disease Free layings) (Vide Amendment issued in G.o.Ms.No: 180 Agriculture & Cooperation ( Seri.) Department dt ) 2. Every application for the renewal of a licence shall be made not less than two months before the date on which the Licence expires and if the application is so made the applicant shall be deemed to be duly licenced until such date as the licencing authority renews the licence. 3. Not-withstanding anything contained in sub-rule(1) of this rule, if the application for renewal of a Licence is not received within time specified in sub-rule (2) of this rule the licence shall be renewed only on payment of twenty five percent in excess of the fee payable for the licence. 8: PROCEDURE ON DEATH OF LICENCEE:-

11 If a licencee dies, the authorized agent carrying on the business of such licencee shall not be liable to any penality under the Act for exercising the powers granted to the licencee 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. 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. 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 licnece is rejected, the fee paid shall be refunded to the applicant. 11: CONDITIONS FOR THE GRANT OF LICENCE: (1) A person shall be eligible for the grant of licnence 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 a licence to be a seed rearer unless he possesses the following qualifications namely:- (a) (b) (c) The persons 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: He should be an experienced silkworm seed rearer knowing the techniques of silkworm rearing; and In case of a sericulture Cooperative 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 rearing. (3) A person will be eligible for the grant of a licnence to be a reeler if he possesses the following qualifications namely:- (a) The person concerned should be in-charge of a reeling establishment and (b) He should know the reeling technology. (4) A person ( Rearer / progressive farmer) will be eligible for the grant of licence to sell the silkworm seed if he possesses the following qualifications namely: ( Amendment issued in G.O.Ms.No.20 Industries & Commerce (SP&S) Department dated )

12 (a) The person concerned should have experience in mulberry cultivation and silkworm rearing and should satisfy the technical parameters laid down by the Director of Sericulture. (b) He should be well acquitted with the technical know-how in preserving and handling layings at optimum temperature and humidity in all seasons. (4-A) A company / person will be eligible for the grant of licence to manufacture and sell the silkworm seed for commercial purpose provided complies with the norms and conditions laid down in G.O.Ms.No:332 Ind & Com(SP&S) Dept., dt and such other conditions as may be specified by the Director of Sericulture, Government of Andhra Pradesh from time to time..( Amendment issued in G.O.Ms.No.20 Industries & Commerce (SP&S) Department dated ) 12. CONDITIONS AND MANNER GOVERNING, TRANSACTIONS RELATING TO SALE OR PURCHASE OF SILKWORM COCOONS IN A COCOON MARKET (1) No rearer shall sell or agree to sell silkworm cocoons in a Cocoon Market established under the Act except in accordance with the following conditions and in the manner laid down here-under. (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 authorized by him in wring 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 accounts for inspection. (2) No person shall purchase or agree to purchase silkworm cocoons in a Cocoon Market established under the Act except in accordance with the following conditions and in the manner laid down hereunder:- (a) No person shall purchase or agree to purchase silkworm cocoons of any kind other than silkworm cocoons of the kind permitted to be sold in the Cocoon Market. (b) No person other than a person permitted by the licencing authority or his authorized agent shall transact by business relating to silkworm cocoons in a Cocoon market. (c) A person shall not carry on any business, transaction relating to purchase of silkworm cocoons in a Cocoon Market except in accordance with the conditions under which he is permitted to do so. (d) No person who transacts any business relating to silkworm cocoon in a Cocoon Market shall transport cocoon purchased by him to any area outside the Cocoon Markets and the State unless it is covered by a permit in Form No.8. (e) Every person who transacts business in silkworm cocoons in Cocoon Market shall maintain true and correct accounts relating to purchase of silkworm cocoons in Form No.9. (f) Every person who transacts any business relating to purchase of silkworm cocoons shall, if so required by and officer produce his accounts and receipts for inspection.

13 (3) (a) Every rearer and licenced buyer shall, in respect of cocoon sold or purchased in the Cocoon Market, pay a fee at the rate of one percent each on the total value of the cocoons sold or purchased as the case may be. (b) Every silkworm rearer shall preserve bills / receipts or the certificates issued to him, for a period of one month. He shall produce the same on demand by the Inspecting Officer of the Department of Sericulture.Every reeler shall enter in his stock book the number and the date of the receipt issued for the market fee paid by him on the cocoons purchased. 13. MARKET COMMITTEES:- 1) The Committee constituted under clause (b) of Sub-section (1) of Section 5-A of the Act shall consist of one representative each of from rearers and reelers respectively. 2) The term 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 and 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 (4) of this rule and such person shall hold office only in the remaining period of Office of the Committee constituted. 5) If in the opinion of the government, the duties entrusted to the Market Committte are not satisfactory, the Government may dissolve such Market Committee and reconstitute it in accordance with sub-rule (1). 14. POWERS AND DUTIES OF MARKET COMMITTEE:- 1) The Market Committee shall take immediate action to prevent uzifly 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 transaction conducted in the Market. 3) The Committee shall get the cocoons weighed and conduct the open auction as contemplated in sub-section(2) of the 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 employees 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 regular rendering of all reports and returns and for the custody of all moneys not deposited in the treasury and shall be the chief Executive Officer of the Committee. 7) All cocoon, brought to the market for sale by rearer, shall be arranged in lots and separate lot number be given for each lot. 8) The Market Committee shall keep the market open except on holidays, for transaction of business at such hours as the Committee may, from time to time, fix provided that it shall not open the Market before 8.A.M. or keep the Market open after 6 P.M. on any working day. (9)(a) In respect of every sale by open auction, the person offering cocoons for sale, may specify the minimum rate at which he is willing to sell the cocoons and when such minimum rate is specified, the market committee shall not accept at the auction, any bid below such minimum rate.

14 (b) When an auction is not completed, on account of the highest bid being below the minimum rate specified by the person offering the cocoons for sale, a second auction may be held by the Market Committee. No bid below such minimum rate accepted in such second auction. When an auction is not completed either under clause (a) or clause (b), if the person offering the cocoons for sale agrees for the sale of such cocoons without fixing any minimum rate, the market Committee may held a third auction and accept the highest bid. 10) Where adequate storage accommodation is available in the Market, the Market Committee may permit the storage of un-disposed cocoon in the market on any day before the market is closed. Before taking any lot of cocoons for such storage, it shall be weighed and a receipt in Form No. 10 in respect of such lot indicating therein the lot number and the weight of the lot shall be issued to the rearer concerned. Such cocoons shall subject to such reduction in weight on account of driage in accordance with such scale as the Director of Sericulture may specify, be delivered to the rearer on the next working day. 11) A Register in Form No.11 shall be maintained by the Market Committee and every transaction shall be recorded in the said register. 12) The Market Officer shall issue a certificate in Form No.12 to the person who has sold the cocoons in the said market. 13) The Market Officer shall issue a Cash Receipt in Form No. 13 for the Market fee collected from every buyer of cocoons. 14) 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. 15. APPEALS:- 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 Sericulture, in the case of an order passed by an authority sub-ordinate 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 this 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 date on which, in the ordinary course, the registered post would reach the applicant after the date of posting. 16. PROCEDURE REGARDING SEIZURE:

15 1. When any silk worm seed or silkworm cocoons including any vessel, receptacle, apparatus, package or covering in which such silkworm, silkworm seed or silk worm cocoons is contained is seized any officer not below the rank of Inspector of Sericulture acting under clause (d) of 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. (4) In the case of things which are, in the opinion of the officer, subject to speedy and natural decay, the officer who seizes such things shall intimate his opinion to the officer to whom such things are sent and the said officer may destroy such things in the presence of two witnesses. A report in this regard shall be sent by him to his superior officer. (5) In the case of silkworm cocoons which in the opinion of the officer are subject to speedy and natural decay and if he has no time to obtain orders of the court for disposal, the officer who seizes such things shall auction / process / destroy the same and send the report to his superior officer. 17.Maintenance of Registers: Every licence 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 licensing authority for every fifteen days. 18. Powers of Director: The Director of Sericulture may delegate any powers conferred on him to any officer under this rule. 19. Exemption: The Government may, by general or special order exempt any person or class of persons from all or any of the provisions of these rules.

16 GOVERNMENT OF ANDHRA PRADESH A B S T R A C T Rules The Andhra Pradesh Silkworm Seed and Cocoon ( Control) Rules, 1983 Amendments Publication of notification in the Andhra Pradesh Gazette Orders issued. INDUSTRIES & COMMERCE ( SP&S) DEPARTMENT G.O.Ms.No: 20. Dated: Read the following 1. G. O. Ms. No: 101 ind & Com ( SP&S) Dt From the Director of Sericulture Lr. Rc. No. 2058/88-G2 dt O R D E R :- The following notification shall be published in English in the Andhra Pradesh Gazette and Telugu in all the District Gazettee for general information. N O T I F I C A T I O N 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 15 of 1956) the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Silkworm Seed the Cocoon ( Control) Rules 1983 issued in G.O. Ms. No. 101 Industries & Commerce dated the 28 th February IN THE SAID RULES: A M E N D M E N T S 1. In rule 3 after sub-rule (2), the following sub-rule shall be inserted namely: (3) No person other than a licencee shall sell the silkworm seed (Cross Breed disease free layings). Such licensee shall procure silkworm seed ( C.B. Disease free layings) only from Grainages approved by the Director of Sericulture and as specified in the licence issued to the licensee by the licencing authority. The licensee shall sell these layings at the places notified by the licnecing authority in the licence issued to him. 2. In rule 4, after sub-rule (2) the following sub-rules shall be inserted, namely: (3) An application for licence under section 3 of the Act for the sale of silkworm seed ( C.B. Disease free layings) shall be made to the licencing authority in Form No: 1-A. (3-A) An application for a licence under section 3 of the Act for manufacturing and selling of silkworm seed ( C.B. Disease free layings) shall be made to the licencing authority in Form no. 1-B. 3. In rule 5, after sub-rule (3) the following sub-rule shall be inserted, namely:

17 (3-A) The licencing authority may grant a licence to the applicant who is a rearer ( progressive Sericulturists) to sell the silkworm seed ( C.B. Disease free layings) obtained from the Government grainage or those specified by the licencing authority in Form No. 3-A now appended to or refuse the grant of licnece subject to such conditions specified therein. (Amendment issued in G.O.Ms.No.20 Industries & Commerce (SP&S) Department dated ) (3-B) The licencing authority may, after having satisfied that the applicant for a licence to manufacture and sell silkworm seed ( C.B. Disease free layings) is eligible for grant of licence, grant him a licence in Form No. 3-B or refuse the grant of licence subject to such conditions specified therein. Government grainage or those specified by the licencing authority in Form No. 3-A now appended to or refuse the grant of licnece subject to such conditions specified therein In the Table under rule 6, after Serial no.4, the following entries shall be added, namely: 5. Selling of silkworm Seed ( C.B. Disease Free layings) 6. Manufacture and selling of silkworm seed ( C.B. Disease free layings. Five Rupees Fifty Rupees 5. In the Table under sub-rule (1) of rule7, after serial No.4 the following entries shall be added, namely: 5. Selling of silkworm Seed ( C.B. Disease Free layings) 6. Manufacture and selling of silkworm seed ( C.B. Disease free layings. One Rupee Ten Rupees To, 6. In rule 11, after sub-rule (3) the following sub-rules shall be inserted, namely: (4) A person ( Rearer / progressive farmer) will be eligible for the grant of licence to sell the silkworm seed if he possesses the following qualifications namely: a. The person concerned should have experience in mulberry cultivation and silkworm rearing and should satisfy the technical parameters laid down by the Director of Sericulture. b. He should be well acquitted with the technical know-how in preserving and handling layings at optimum temperature and humidity in all seasons. (4-A) A company / person will be eligible for the grant of licence to manufacture and sell the silkworm seed for commercial purpose provided complies with the norms and conditions laid down in G.O.Ms.No:332 Ind & Com(SP&S) Dept., dt and such other conditions as may be specified by the Director of Sericulture, Government of Andhra Pradesh from time to time. ASHA MURTHY, Ex- OFFICIA ADDL SECRETARY TO GOVERNMENT

18 The Director of Printing, Stationery & Stores Purchase (Plg.Wing) Hyderabad for publication in the A.P. Gazette. He is also requested to supply 600 copies of notification. Copy to All District collectors. Copy to the Director of Translation with six copies of A.P. Silkworm seed and cocoon ( Control) Rules, He is requested to furnish Telugu version of the said rules to the Director of Printing, Stationery and Stores Purchase (Plg.Wing) Hyderabad for arranging publication in the district gazette. Copy to law (J) Department. Copy to SF/SCs.

19 GOVERNMENT OF ANDHRA PRADESH A B S T R A C T SERICULTURE DEPARTMENT Government Cocoon market Enhancement of existing Licence fee for grant / renewal of Licence to the private Grainages, Silkworm Rearers, Silk Reelers and Twisters- Amendment to A.P. Silkworm Seed and Cocoon (Control) Rules, Notification Orders issued. AGRICULTURE & COCOOPERATION ( SERI.) DEPARTMENT G.O.Ms.No: 180. Dated: Read the following 1. G. O. Ms. No: 101 ind & Com ( SP&S) Deptt., Dated G.O. Ms. No. 20, Industries & Commerce ( SP&S) Deptt., dated From the Commissioner of Sericulture Lr. Rc. No. 8133/2002/TM6 dt O R D E R :- The following notification shall be published in English in the Andhra Pradesh Gazette and Telugu in all the District Gazettee for general information. N O T I F I C A T I O N In exercise of the powers conferred by sub-sections (1) and (2) of section 13 of the Andhra Pradesh Silkworm Seed and Cocoon Act 1956 ( Act No. 15 of 1956), the governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Silkworm Seed and Cocoon ( Control) Rules 1983 issued in G.O. Ms. No. 101, Industries and Commerce ( SP&S) Department dated the 28 th February, 1983 and as subsequently amended from time to time. In the said Rules:- A M E N D M E N T (1) For the Table under Rule 6, the following shall be substituted, namely:- Sl.No Category of Licence Fee 1 Rearers including seed rearers Rs. 25/- 2 Cocoon buying and Reeling a) Charka ( Single) Rs. 50/- b) Cottage basin ( Single basin consisting of (six) Rs. 250/- ends. C) Filature each unit Rs. 500/- d) Improved Reeling unit each Rs. 750/- 3 Purhcase of Silkworm cocoons for reeling mulberry Rs. 50/- or Tasar 4 Twisting unit each consisting of 120 spindles Rs. 250/- 5 Issue of licneses to Private Grainages for preparation and selling of silkworm seed ( Cross Breed Disease Free layings) Rs. 10,000/- (2) For the Table under Sub-rule (1) of Rule 7, the following shall be substituted, namely:-

20 Sl.No Category of renewal Fee 1 Rearers including seed rearers Rs. 15/- 2 Cocoon buying and Reeling a) Charka ( Single) Rs. 25/- b) Cottage basin ( Single basin consisting of (six) Rs. 125/- ends. C) Filature each unit Rs. 250/- d) Improved Reeling unit each Rs. 250/- 3 Purhcase of Silkworm cocoons for reeling mulberry Rs. 25/- or Tasar 4 Twisting unit each consisting of 120 spindles Rs. 125/- 5 Issue of Licences to Private Grainages for preparation and selling of silkworm seed ( Cross Breed Disease Free layings) Rs. 5,000/- (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) BIR SINGH PARSHEERA APC & PRL. SECRETARY TO GOVERNMENT To, The Commissioner of Sericulture, A.P. Hyderabad ( 10 copies) The Director of Printing, Stationery & Stores purchase, Hyderabad ( with a request to publish in A.P. Gazette and furnish 50 copies to Government Copy to Member Secretary, Central Silk Board, Bangalore Copy to Law (B) Department. FORWARDED:: by order SECTION OFFICER. Endt. No. 8133/03-04/TM5 Dated: OFFICE OF THE COMMISSIONER OF SERICULTURE HYDERBAD Copy of the above G.O. cited, is communicated herewith to all the officers in the State for necessary action. // Attested // Sd/- B. Venkateswarlu, For Commissioner of Sericulture Assistant Director of Sericulture

21 S.No Form No Rule Nature of farm 1 Form No:1 ( See Rule 4 (1) ) FOR REARING OF SILKWORMS REQUIRED FOR SEED PURPOSES OR FOR REARING OF SILKWORMS OTHERE THAN SEED PURPOSES 2 Form No: 1- A 3 Form No: 1- B APPLICATION FOR A LICENCE TO DISTRIBUTE / SELL SILKWORM SEED ( CROSS BREED DISEASE FREE LAYINGS) APPLICATION FOR A LICENCE TO MANUFACTURE AND SALE COMMERCIAL SILKWORM SEED 4 Form No:2 ( See Rule 4 (2) ) APPLICATION FOR A LICENCE: FOR, ESTABLISHMENT OF REELLING, TWISTING UNITS AND PURCHASE OF SILKWORM COCOONS 5 From no:3 ( See Rule 5 (1) ) LICENCE FOR REARER (Not transferable) 6 Form no:3-a Licence (Not transformable) for undertaking distribution/sale of silkworm seed procured from Grainage 7 Form No: 3- B LICENCE FOR MANUFACTURE AND SELLING OF SILKWORM SEED FOR COMMERCIAL PURPOSE. 8 From No:4 ( See Rule 5 (2) ) LICENCE: FOR SEED REARER (Not transferable) 9 Form no:5 ( See Rule 5 (3) ) LICENCE FOR REELING (Not transferable) 10 Form no:7 ( See Rule 7 (1) ) APPLICATION FOR RENEWAL OF LICENCE 11 Form No:8 ( See Rule 12 (2)(d) ) 12 Form No: 8- (See Rule 12 (1) A (cc) CERTIFICATE FOR TRANSPORT OF REELING COCOONS PURCHASED PERMIT FOR TRANSPORT OF REELING COCOONS OUTSIDE THE STATE BY THE REARER 13 From No: 10 ( See Rule 14 (10) ) RECEIPT FOR COCOONS RECEIVED FOR STORAGE:- 14 Form No: 12 ( See Rule 14 (12)) CERTIFICATE FOR PRESERVATION OF COCOONS IN MARKET 15 Form No: 13 ( See Rule 14 (13)) RECEIPT FOR MARKET FEE PAID (INDUPLICATE) 16 Form No: 14 ( See Rule 2 (b)) APPLICATION FOR AUTHORISING A PERSON OTHER THAN LICENCE HOLDER TO PARTICIPATE IN THE BIDDING IN THE NOTIFIED COCOON MARKETS ON BEHALF OF THE LICENCEE REGISTERS 17 Form No:6 ( See Rule 5 (4) ) REGISTER OF LICENCES 18 Form No.9 (See rule 12 (2) (e) REGISTER SHOWING THE DETAILS OF PURCHASE OF SILKWORM COCOONS 19 Form No.11 (See Rule 14 (11)) DAILY TRANSACTION REGISTER OF THE GOVT COCOON MARKET 20 Form no. 15 ( See Rule (18) REARERS REGISTER 21 Form no. 16 PREPARATION REGISTER 22 Form no. 17 LAYINGS DISPOSAL REGISTER 23 Form no. 18 SEED COCOON REGISTER 24 Form no. 19 REPORT OF WORKDONE BY THE SEED PREPARERS DURING THE MONTH