ANDHRA PRADESH GIFT GOODS (PREVENTION OF UNLAWFUL POSSESSION) ACT, 1965

10 of 1965

20th April, 1965

An Act to prevent the unlawful possession of certain goods gifted by some relief organisations and the matters connected therewith. Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixteenth Year of Republic of India as follows:

Section 1 Short title, extent and commencement

(1) This Act may be called the Andhra Pradesh Gift Goods (Prevention of Unlawful Possession) Act, 1965.

(2) If extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Section 2 Definitions

In this Act, unless the context otherwise requires ,

(a)"gift goods" means any of the following goods namely:

(i) cornmeal;

(ii) drugs, diet supplements, equipment and vehicles;

(iii) milk powder;

(vi) vegetable oil (soya bean or sun flower seed oil);

(v) butter, butter oil,ghee and hydrogenated vegetable oil;

(vi) pea beans;

(vi) cheese;

(vii) bulgur wheat;

(ix) gift paper; supplied by way of gift,by any relief organisation to any State Government or to the Central Government or to any other person on behalf of such Government.

(x) such other goods as may be notified in the Andhra Pradesh Gazette by the State Government in this behalf;

(b) "relief Organisation"means any organisation specified in the schedule;

(c) "schedule" means the Schedule to this Act.

Section 3 Sale, purchase transport of gift goods without permission

(1) No person shall sell or purchase any gift goods and no person shall transport any gift goods save with the previous permission of such authority and subject to such conditions as may be specified.

(2) Any person who contravenes the provisions of sub section (1) shall on conviction be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both.

Section 4 Unlawful Possession of gift goods

If any person is found, or is proved to have been, in possession of any gift goods, shall, unless he proves that the gift goods came into his possession lawfully, on conviction be punishable with imprisonment for a term of two years or with fine which may extend to one thousand rupees, or with both.

Section 5 Offences under this Act to be cognizable

(1) Notwithstanding anything in the Code of Criminal Procedure, 1898, any offence punishable under this Act shall be a cognizable offence within the meaning of that Code.

(2) No court inferior to that of a Chief City Magistrate in the cities of Hyderabad and Secunderabad or of a Magistrate of the First Class elsewhere shall try any offence punishable under this Act.

Section 6 Power to amend Schedule

The State Government for reasons recorded may by notification in the Andhra Pradesh Gazette, add any organisation to, or omit any organisation from the Schedule; and on the publication of such notification, such organisation shall be deemed to be included, in or as the case may be, omitted from the Schedule.

Section 7 Power to make rules

(1) The State Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out the purposes of this Act.

(2) Any rule made under sub section (1) may provide that a breach thereof shall be punishable with fine which may extend to fifty rupees.

Section 8 Notification and rules to be laid before the legislature

Every notification made under clause (a) of Section 2 or under Section 6 or 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 if it is not in session in the session immediately following for the 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 notification or rule or in the annulment of the notification or rule, the notification or rule thereafter have effect only in such modified form or stand annulled as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

SCHEDULE 1 SCHEDULE

SCHEDULE SCHEDULE

[Section 2 (b)]

1. United Nations International Children Emergency Fund (UNICEF).

2. Co-operative for American Relief Everywhere (CARE)

3. Technical Co operation Mission (TCM),

4. Church World Service.

5. Luthern World Relief.

6. Catholic Relief Service.

7. Indian Red Cross Society.

8. Indian Conference of Social Work.

RULE:

ANDHRA PRADESH GIFT GOODS (PREVENTION OF UNLAWFUL POSSESSION) RULES, 1970

In exercise of the powers conferred by sub section (1) of Section 7 of the Andhra Pradesh Gift Goods (Prevention of Unlawful Possession) Act, 1965 (Andhra Pradesh Act 10 of 1965), the Governor of Andhra Pradesh makes the following Rules :

Rule 1 Short title

These rules may be called the Andhra Pradesh Gift Goods (Prevention of Unlawful Possession) Rules, 1970.

Rule 2 Definitions

In these rules, unless the context otherwise requires

(a) "Act" means the Andhra Pradesh Gift Goods (Prevention of Unlawful Possession) Act, 1965 (Andhra Pradesh Act 10 of 1965).

(b) "Officer" means any officer of the Police Department of the Government of Andhra Pradesh, not below the rank of Head Constable in Vigilance Cell and any other Officer empowered by the State Government of Andhra Pradesh.

(c) "Government Analyst" means the Government Analyst of the Government of Andhra Pradesh.

(d) "Gift Goods" means any of the Gift goods enumerated and notified under clause (a) of Section 2 of the Act (Andhra Pradesh Act 10 of 1965).

Rule 3 Powers of Officer

If the officer, either upon information or otherwise,suspects that any person is acting in violation of the Act, or the rules made thereunder he may, forthwith act as follows:

(a) The Officer shall proceed to that person and demand sample of the gift goods in the presence of two witnesses.

(b) After obtaining the sample under sub rule (a),the Officer shall divide the same in three parts and pack them in three packets duly affixing the seal. Then he shall take the signature or thumb impression of the person on three different papers and the officer shall also put his signature on all the three papers.

(c) The three papers containing the signatures of the person and the Officer shall be affixed on the three packets containing the sample.

(d) Of the three packets made ready under sub rule (c) above one packet shall be given to the person, one packet shall be sent to the Government Analyst and the other shall be kept with the Officer.

(e) The officer shall take a statement from the person which shall be attested by two witnesses.

(f) The officer shall also draw the panchanama duly attested by two witnesses.

Rule 4

(i) Possession of Spoiled or unfit Gift Goods :- No person in possession of spoiled gift goods or gift goods unfit for human consumption shall use them for any of the purposes.

(ii) Person in possession of spoiled or unfit gift goods shall after obtaining written permission from proper authority, destroy or otherwise dispose of the goods as ordered by the authority.

(iii) Whoever contravenes the provisions of sub rule (i) and (ii) above shall, be punished with fine which may extentd upto Rs.50.