The ASSAM CEMENT CONTROL ACT, 1953
###### Mo. L. 65/52/29:- The followin g act of the Assam Legislative
 Assembly,which received the assent of the President is hereby published for general information.

 (R'eceived the assent of the President on the 15th April,53) •

ASSAM .Aar VI.I.;·_, OF 1953

THE ASSAM CElfilMT CONTROL .AC'.r, 1953

XP~blished in the Assam Gazette, Extraordinary,dated the
###### 18th April,1953).
 An Act
 to confer power to control the supply and distribution
 of and trade and commerce 1n cement in Assam
 Preamble Wh~reas it is expedient to confer powers to control the
 Supply and dis~ribution of, the trade and commerce in,

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###### cement in Assam, - ..
 And whereas the sanction of the President as required
 under Ar tic le 304 of the Constitution of India has been
 obtained.

 Short title, 1.(1) This Act may be called the Assam Cement control extent and .Act, 1953 •

. commerce men t

###### (2) It extends to the whole of Assam.

 {3) It shall come into f orce on the date on which
 the Assam Cement Control Ordinance,
 , 1952 ceases to operate. Assam Ordinance No. II of 1952.

 Definiti- 2. In this .J\ct, unless there is anything repugnant in the

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###### on. subject or context,  Cement"includes Portland Cement,
 any other cementi tious product manufactured by/intergr1n ding or intermixing Portland Cement as defined in the Indian Standard Specification 260 of 1951,wi th any active inert material white and coloured cements,high aluminia cement and any product manufact.:red by direct mixing of some or all oxides constituting normal Portland Cement.
 Power to 3. ( 1) The State Government, so far a s it appears to it control sup to be necessary or expedient for maintaining or i ncre asing ply distri the supply of cement of for securing its eq uitable bution ete. distribution and availability at fair prices, 11ay by order,
 of cement. in the official Gazette, provide f or reg ulating or
 probibi ting the supply and distribution thereof and trade
 and commerce therein within Assam.

Pro~ided however, that any order issued under this cause
###### shall be subject to such instruction as may be issaed
 by tbe central Govt. under section 16 of the Industries (Development and Regulation) Act,1951.
 /\ct. LXV of 1951.


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clau,c~~ sha 11 be subject to s uch instruction as may be issued by the -

###### cent.?cil Government under section 16 of the Industries (Development and

Re-gulat.ipn) /let, 1951.

###### Act. T.iiJl of 1951.

##### fJ
###### (2) Without prej udice to the genera l ity of the
 powers conferred by sub section (1) an order made thereunder may provide:-

 Ca) for regulating or constrolling the pri ces at whi ch cement my be pur chas ed or sold and for prescriling the conditions of s ale thereof; (b) for regu l a ting by li censes, permits or otherwise the sto r age, trans port, movement, possession, distrib ution di sposal,

a c r~ uis1tion, use or cons umption of ceme nt;   -   -

###### Ce} for prohibiting the withhold ing from sale of

 · cement ordinarily kept for sa le;

 (d) for re quiring any person hold ing s tock of cement to sell the whole or specified part of the stock at such prices and to s uch per sons or classes of persons or in such circumstances a s may
 be specified 1n the order;

 (e} for collecting any informa tion or s tatis t ies
 wi t h a view to regul atin .: or prohibiting any of the aforesaid matters;

 (f) for req iring persons engaged inthe supply or
 d istribution of, or trade or commerce in, cement to maintain and produce for inspection such books accounts and records relating to their business and to furn t sh such information relating thereto, as

may be specified in the• ord.er; and

###### (g)for any incidental and supplementary matters,
 including in particnlar the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person . au thorised to make '
 s uch person has reason to believe that a contravention of the order has been, is being or i s about to be commi tted, the grant or issue of licenses, permits or other documents and the char ging of fees thereof.

 3. When ay cement is seized under the authority of

ony order made under s ub-section ( 1) the person se izing the cement

###### sha ll make a report of s uch seizure to a Magistrate who may give such directions as to its temporary custody as he thinks fit, provided,
 ho·wever, that where no prosecution is instituted for controvention of the order in respect of the cement seized within a period in his opinion re qasonable, t he Magistrate sballdireet its return to the person
~rom who 1 t was seized; and the provisions of the Code of Cr iminal

###### roced ure,1898 sha ll so far as they may be applicable apply to any
 search for seizure under any su ch order as they apply to any search or seizure under Chapter VII of that Code.

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~ o~rs.

###### orders under Section 3 shall in relation to such matters and subject to s uch conditions , if anyas
 may be specified in the direction , be exercisable also by such officer or authority subordinate to the State Government as may be specified in the direction.

 Ef f ect of 5. Any order made under Section 3 shall have

 · order in effect notwithstanding inc0nsistent ther ewith cons tent contained in any enactment other than t his Act or with other any instrument having effect by irtue of any enact- enactments.i ment other than this Act.

 6. If any person constravenes ar,iy order made
 under Section 3 he shall be punishable wit h im Jri- sonnent for a term which may extend to three years
 or with fine or with boyh, and if the order so provides any cour t, tryi ng such contr avention, may dire ct that any pr opercy in re s pect of which the Court is satisfied ·t hat the order has been contravened sha ll be forfeited to the Government.

 .Attempts ?. Aby person who a ttemp ts to contracene or

rmd abet s a contravention of any order made under

~ betments. Section 3 shall be deemed to have contr avened

###### that order.

 Officers 8. If the person contravening an order made by cor poration under Section 3 is a company or other body corporate
##### etc. or as ~ ociation of persons whether incor porated or

###### not, ever y Director ,Manager, s ecretary or other Offi cer or .flgent ther eof s hall, unless he proves t hat the congravention took place without his knowledge or that he exercised all due diligence to pr event such contravention, be deemed to be guilty of such contravention.

 False 9~ If any person:- Statement. (i) when required by any order made uner
 Section 3 to make any statement or furnish any information, makes any statement or
 furnishes any information which is false in any ·material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true or,

 Contd •• o4e .


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##### (ii) maked any such statement as aforesaid in any

###### book, account, record, declaration, return or other to maintain or furnish he shall be punishable with
 improsonment for term which may extend to tbree years

 · or with fine or with both.

 Congniznnce 10. No Court shall ta.k.e congizaned of any offence pur of offences. nishable under this Act except on a report in writing
 of the facts constituting such offences made by a person who is a public servant as defined 1n Section 21 of the Inlian Penal Code Act XLV of 1860.

 Power to 11. /\ny Magistrate or bench of Magistrates empowered try offenaes. for the time being to try in af, summary way the offences sujmarily specifed in sub section (1) of section 260 of the COde
 of Criminal Procedure, 1998 may on application in this
 behalf being made by the prosecution, try 1n accordance with the procisions contained 1n Section 262 to 265 of the said Code any offence punishable under this Act.

 Special pro 12. Notwithstanding anything contained in Section vision regarding 32 of the Code of Criminal Procedure,· 1898 it shallbe fines. lawful f'or any Magistrate . of the First Class specially
 empowered by the Stat e Government in this behal! to pass a sentence of fine exceding one thousand rupees on any person convicted of' controvening an order made unde~
 section 3.

 savings. 13. No order made in exeeneis~ of any power conferred
 by or under this Act shall be called in question 1n
 Court.

 Protection. 14. (1) No suit prosecution or other legal proceding
 shall lie against any person for anything which is in good .faith done or internded to be done in pursuance of
 any orde·:' made under section 3.

 (2) No suit or other legal proceding shall lie against the Govt. fo r any damages caused or likely to be caused by anhthing which is in good faith done or in tended to be done in pursuance of any ordermade under section 3.

 Power to 15. The state Govt. may be notification in the exempt official Gazette exempt any variety of cement from all certain or any of the provisions of this Act. varieties of cement.

 Cont inuance 16. Any order made or direction issued under section nction taken 3 or 4 of the ~ssam cement control Act, 1949 or under under Assam section 3 or 4 of the Assam cement Control Ordinance
 Cement 1952 which is in fo r ce immediately before the Assam Control Act, .
 XI of 49
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**C8111ltnt** Control Ordinance, 1952 which i:.11.xxixt is in
###### force i mmedi ~ tely before the commencement of this Act shall be deemed to have been made or Assam Ordinance issued under 7.he provisions of this
 No. II of 1952 Act and continue to be in fo:cee
 to sar as t hey ar e not inconsistent #ith the prdtvisions of this .Act Wltil repealed or altered.

 Savings. 17.0ne t he expiration of this Act, Such expiration
 ' shall not:-

 (a) affect any penalty or punishment incurred in respect of any off enc-es co mi tted under this Aet before its expiration or

 (b) affect any investigat.ion le gal proceeeding of remedy in respect of any s uch penalty or purli shment

,a s afor esaid; and such investination,legal proceeding
###### or remedy may be s ubstituted con-tirtuedor enf orced and a nd any such penalty or punishment may be imposed a s if this Act and not expired.

 Sd/-S.K.Dutta.
 Secy. to the Govt. of Assam, • .Le g. Deptt •

 ••• £ •••


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