The ASSAM SERICULTURE (SILK-WORM SEED, COCOON AND SILK YARN CONTROL) ACT, 1987 (SINGLE DOCUMENT)
# ASSAM ACT NO. XIV OF 1990


# (Received the assent of the Governor on 23rd August, 1990)


# THE ASSAM SERICULTURE (SILK-WORM SEED, COCOON AND SILK
 YARN CONTROL) ACT, 1987


# AN


# ACT


to provide for regulating and controlling the commercial production of
silkworm seed and marketing of cocoon and silk-yarn.

**Preamble.** Whereas it is expedient to provide for regulating and controlling the
commercial production of silkworm seed and marketing and distribution of
the cocoon and silk-yarn with a view to increasing production and matters
ancilliary thereto :
It is enacted in the Thirty-eighth Year of the Republic of India as
follows:

**Short title,**
**extent and**
**commencement.**


**1.** (1) This Act may be called the Assam Sericulture (Silk-worm Seed,

Cocoon and Silk- yarn Control) Act, 1987.


(2) It extends to the whole of Assam.


(3) It shall come into force at once.


**Definitions.** **2.** In this Act unless the context otherwise requires
(a) “Director” means the Director of Sericulture, Assam.

(b) “District Officer” means an officer not below the rank of Assistant

Director of Sericulture Department of Government of Assam.

(c) “Cocoon” means cocoons produced by Mulberry/Muga/Eri/Tasar

Silk-worm either green or stifled, dried, or in any other state of
condition and also include pierced Cocoons.

Explanation :
In this clause 'pierced Cocoons' means a cocoon from which moth
has cut out.


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**Regulation of**
**production etc.**
**of Silk worm**
**Seed.**


(d) “Cocoon Market” means a market established under Section 9 for

the sale or purchase of Cocoons of all kinds intended for reeling
and spinning.

(e) “Silk Market” means market established under Section 9 for sale or

purchase of Silk - yarn of all kinds after reeling and spinning.

(f) “Government” means the State Government of Assam.

(g) “Licence” means a licence granted under this Act.

(h) “Licencing authority” means the Director of Sericulture, Assam

and may include any other officer appointed by the Government by
notification in the Official 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.

(i) “Licenced buyer” means a person who is licenced to purchase

cocoons in a Cocoon Market and to purchase silk-yarn in a Silk
Market.

(j) “Licenced seller” means a person who is licenced to sell cocoons in

a Cocoon Merket and to sell silk-yarn in a Silk Market.

(k) “Prescribed” means prescribed by rules made under this Act.

(l) “Rearer” means a person engaged in rearing of silkworms for the

production of silkworm cocoons, whether for reproduction or
reeling and spinning.

(m) “Rearing” means all operations from the incubation of silkworm

egg and brushing of silkworms till the harvesting of cocoons.

(n) “Silkworm” includes Mulberry silkworm, Tasar silkworm, Muga

silkworm and Eri-silkworm.

(o) “Silkworm Seed” means silkworm cocoons, moths, egg or young,

silk-worms of whatever description intended to be used for the
purposes of re-production or rearing.

**3.** (1) A bonafide rearer who is traditionally engaged in reproducing silk
worm cocoons whether for reproduction or reeling or spinning, the
quantity of which is equal or less than the limit prescribed for household purposes shall be deemad to have produced for domestic
consumption and may use seed cocoons from the department or from
any other source.

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**Regulation of**
**Rearing.**

**Regulation of**
**disposal of Silk-**
**worm cocoons.**

**Regulation of**
**sale or purchase**
**of silkworm**
**cocoons.**


(2) Save as provided in sub-section (1) a rearer producing silk-worm

cocoons whether for reproduction or reeling or spinning for commercial
purpose shall use seed cocoons from the department or from any rearer
certified by the department or from a person who holds a licence under
this Act :

Provided that the Market Officer may issue or cause to be issued
identity card or licence to the bonafide rearers who produce cocoons for
domestic purposes if such rearers desire to have identity card/ licence
for selling their production in the silkyarn market.

(3) No person rearing silk-worms for producing seed cocoons for

commercial purposes shall produce, store, transport, sell or otherwise
distribute silk-worm seed except in accordance with the terms and
conditions of licence issued under this Act.

**4.** (i) Except bonafied rearers who produce silk-worms seed for house hold

purposes as provided in sub-section (I) of Section-3 a person shall sell
or agree to sell or purchase reeling cocoon only in a cocoon market
established under this Act.

(ii) Where a cocoon market is established in any area no person shall use or

permit to use, assits in the use of any building, enclosure, vehicle,
vessel or place in such area for the sale and purchase of reeling cocoons
or in any manner trade or abet the sale or purchase of reeling cocoon.

**5.** (i) No person shall transport out of the State reeling cocoons and silk-yarn

except under a permit issued by the Director or any other officer not
below the rank of District Officer of the Sericulture Department
authorised by him in this behalf, and with such terms and conditions
and on payment of such fees as may be prescribed.

(ii) Any permit used under sub-section (1) may be cancelled by the officer

aforesaid for breach of any terms and conditions subject to which it was
issued or for any other reasons to be recorded in writing.

**6.** (1) No person shall in any areas in which a cocoon market is established

under this Act
(a) sell or agree to sell;

(b) purchase or agree to purchase silkworm cocoons except in such

market and 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 used or permit the use, assist in the use
of, any building, room, tent, enclosure, vehicle, vessel or place in such
area for the sale or purchase of silkworm cocoon, or in any manner aid
or abet the sale or purchase of silk-worm cocoons.

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**Regulation of**
**Transport of**
**Silk worm**
**Cocoons.**

**Application for**
**Licence.**

**Establishment of**
**Cocoons**
**markets and**
**Silkyarn**
**market.**

**Power of**
**inspection.**


(3) The Government shall declare every year a minimum support price for

the cocoons and no bids shall be entertained or permitted below the
support price so fixed by the Government Market Officer in the
auction.

**7.** (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 authorised by him in this behalf, and with 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 breach of any terms and conditions subject to
which it was issued or for any other reasons to be recorded in writing.

**8.** Every application for the grant of a licence under this Act shall be made to
the Licencing authority in the form as may be prescribed.

**9.** (1) The Government may, from time to time by notification,

(a) Specify the places at which Cocoon markets, Cocoon stores and

Silkyarn market, shall be located.

(b) Appoint a Market Officer, and constitute a Committee consisting of

one representative of rearers, and one from the licenced buyers incharge of Charka establishments with the Market Officer as
Chairman for regulating 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 not below the rank of
District officer of the Sericulture Department authorised 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 cocoon

market where silkworm cocoon produced within such areas shall be
sold.

(2) All transactions involving the sale or purchase of cocoons in a cocoons

market shall be by open auction, the payment of the price shall be in
cash and the cocoons shall be sold by weight and in number, as the case
may be.

**10.** (1) The licencing authority or any officer authorised by the licencing

authority in writing on his behalf may with a view to securing
compliance with this Act or with any rules or order made thereunder:
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(a) Require any person licensed under this Act to 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, licensed under this Act.


(c) At all reasonable times enter and inspect any land, building, vessel,

vehicle or place or a person licensed 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 or silk yarn is stored or is being transported, and seize or
authorise any person to seize any silkworm seed or cocoon or silk
yarn including any vessel, receptacle, apparatus, packages or
covering in which such seed or cocoon or silk yarn is contained if
the licencing authority has the konwledge or information given by
any person and taken down by him in writing that a contravention
of this Act or of any rule or order made thereunder has been or is
being committed by a person licensed under this Act.

(2) Every owner, occupier or other person incharge of any such land,

building, vessel, vehicle or place shall give all reasonable facilities to
the licencing authority or the officer aforesaid in carrying out his
inspection under this section.

**Penalties.** **11.** Any person who contravenes or fails to comply with all or any of the
provisions of this Act or any rule or order made thereunder shall be
punishable with imprisonment which may extend to 3 months or with fine
which shall not be less than five hundred rupees but shall not exceed one
thousand rupees or both. The court trying any such contravention may direct
that silkworm seed or cocoon or silkyarn or any vessel, receptacle, apparatus,
package or covering containing the same in respect of which the court is
satisfied shall be forfeited to Government.


**Compounding of**
**offences.**


**12.** (1) The Director or such officer as may be prescribed, may
(a) accept by 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 provisions of this Act or the rules
made thereunder, 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 and is liable to

confiscation under this Act, shall be released on payment of the
value thereof as estimated by the Director or such officer.

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**Previous**
**sanction for**
**prosecution.**

**Offences by**
**corporations etc.**


(2) On payment by such person the sum of money under sub-section (1) the

person, if in custody, shall be set at liberty, and all the properties seized
may be released and no proceedings shall be instituted against such
person in any criminal court. If any 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 acquital,
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.

**13.** No prosecution shall be instituted under Section 11 without the previous
sanction of the Director.

**14.** (1) Where a person committing any offence, punishable under this Act or

any rule or order made thereunder is a Company or an Association or a
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 proved that the offence was
committed without his knowledge or that he exercised all due deligence
to prevent its commission, be deemed to be guilty of such offence.

**Offences by companies:-**

(2) Where an offence under this Act has been committed by a company

registered under the Companies Act, 1956 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 proves that the offence was committed
without his knowledge or that he exercised all due deligence to prevent
the commission of such offence.

(3) 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, 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 bodycorporate and includes a firm or other

association of individuals and
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(b) “Director” in relation to a firm means a partner in the firm.


**Suspension or**
**cancellation of**
**licence.**

**Protection of**
**Government**
**officers and**
**servants.**


**15.** (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 thereunder or any other terms and conditions of the licence may, without
prejudice to any punishment under Section 11, after giving the person
concerned an opportunity of being heard, suspend or cancel the licence
granted to such person.

(2) Any person aggrieved by the order of suspension or cancellation of

licences, may appeal to the Government within such time and such
manner, as may be prescribed, and the decision of the Government on
such appeal shall be final.

**16.** (1) No suit, prosecution or other proceedings shall lie against any Officer or

servant of the government for any act done or purporting 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 proceedings, 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.


**Exemption.** **17.** Nothing contained in this Act shall apply to any places where silkworm are
reared and silk-yarn produced by any Department of Government.


**Power to make**
**rules.**


**18.** (1) The Government may by notification in the Official 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 licence.


(b) The terms and conditions which may be included in any licnce as

well as 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 procedure for dealing with such appeals.

(d) The manner of constituting the 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.

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(e) The disposal of the silkworm seed or cocoons and silk-yarn or the

vessel, receptacle, apparatus, package or covering containing the
same.

(f) The market fee payable by the rearers and the licenced buyers in

respect of cocoons and silk-yarn sold and purchased in the markets,
such fee not exceeding two percent of the price amount of the
cocoons and silk-yarn and the purposes for which the fees may be
utilised.

(3) Every rule under this Section shall be laid as soon as may be after it is

made before the Assam Legislative Assembly while it is in Session for a
total period of 14 days which may be comprised in one Session or two
successive Sessions, and if before the expiry of the Session in which it
is so laid or the Session immediately falling, the Assam Legislative
Assembly agree in making any modification in the Rule and the Assam
Legislative Assembly agree that the Rules should not be made, the rule
shall thereafter have effect only in such modified form or no effect as
the case may be, and any such modification or annulment shall be
without prejudice by the validity of anything previously done under that
rule.

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