ANDHRA PRADESH SILKWORM SEED AND COCOON (CONTROL) ACT, 1956
15 of 1956
1st September, 1956
An Act to provide for the regulation of the rearing of silkworm seed in the Andhra area of the State of Andhra Pradesh. Whereas it is expedient to provide for the regulation of the rearing of silkworm seed and the sale or purchase of Cocoons in the State of Andhra Pradesh; Be it enacted in the Seventh Year of the Republic of India as follows:-
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Silkworm Seed and Cocoon (Control) Act, 1956.
(2) It extends to the whole of the State of Andhra Pradesh.
(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 repugnant in the subject of context-
(a) "Cocoon" means cocoon produced by mulberry or tassar silkworms, either green or stifled, dried or in any other state or condition, but does not include pierced cocoon;
Explanation :- In this clause, "pierced cocoon" means a cocoon from which moth has been cut out;
(aa) "cocoon market" means a market established under Section 5 A, for the sale or purchase of cocoons of all kinds intended for reeling;
(aaa) "director" means the Director of Sericulture, Andhra Pradesh;
(b) "Government" means the State Government;
(c) "licence" means a licence granted under this Act;
(d) "licensing authority" means the head of the sericultural section of the Department of Industries and Commerce, Andhra Pradesh 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 licensing authority under this Act;
(dd) "licensed buyer" means a person who is licensed to purchase cocoons in cocoon market;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "rearer" means a person engaged in rearing silkworms for the production of silkworm cocoons, whether for reproduction or reeling;
(ff) "rearing" includes all operations from the incubation of silk work eggs and brushing of silkworms to the harvesting of cocoons;
(g) "silkworm" includes mulberry silkworms, tossar silkworms, muga silkworms and eri silkworms.
(h) silkworm seed means silkworm cocoons, moths, eggs or young silkworms of whatever description intended to be used for the purposes of reproduction or reeling.
Section 3 Regulation of Manufacture, etc., of silkworm seed
No person shall manufacture, store, transport, sell or otherwise distribute silkworm seed except under and in accordance with the terms and conditions of a licence issued under this Act.
Section 4 Regulation of rearing
No person shall rear silkworms from silkworm seed other than silkworm seed obtained from a person who holds a licence under this Act.
Section 4A Regulation of disposal of silkworm cocoons
(1) No rearer shall dispose of, or agree to dispose of, or in pursuance of an agreement entered into make delivery of, silkworm cocoons except to persons holding a licence under this Act.
Section 4B Regulation of sale or purchase of silkworm cocoons
(1) In any area in which a cocoon market is established under this Act,
(a) no rearer shall sell or agree to sell;
(b) no person shall purchase of agree to purchase; silkworm cocoons except in such cocoon 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.
Section 4C 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 authorised 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 breach of any of the terms and conditions subject to which it was issued or for any other reason 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 licensing authority in such form as may be prescribed.
Section 5A Establishment of cocoon market
(1) The Government may, from time to time, by notification :-
(a) specify the places at which cocoon markets, cocoon market yards and cocoon store shall be located;
(b) appoint a Market Officer, and constitute a committee consisting of two representative of rearers, and one each of licensed buyers in charge of charka establishments and filature establishments, with the Market Officer as Chairman, for regulating, generally the 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 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 each cocoon market, where silkworm cocoon produced within such areas shall be sold;
(d) assign markets in which any licensed buyer may carry on his business.
(2) 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, 1958.
Section 6 Power of inspection
(1) The licensing authority or any officer authorized by the licensing authority in writing in this behalf may, with a view to securing compliance with this Act or with any rule or order made thereunder
(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 of 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 being transported and seize 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 licensing authority or the officer aforesaid has reason to believe from personal knowledge or from 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.
(2) Every owner, occupier or other person in charge of any such land, building, vessel, vehicle or place shall be bound to give all reasonable facilities to the licensing authority or the officer aforesaid in carrying out his functions under sub section (1).
Section 7 Penalties
(1) Any person who contravenes or fails to comply with all or any of the provisions contained in this Act or any rule or order made thereunder shall be punishable with fine which shall not be less than five hundred rupees and any Court trying any such contravention 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 the Government.
(2) Any person who contravenes the provisions of Clause (b) of sub section (1) of Section 4B or sub section (2) thereof, shall be punishable with imprisonment which may extend to three months or with fine with shall not be less than five hundred rupees but which shall not exceed one thousand rupees or with both.
Section 7A Compounding of offences
(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 offence, 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 compensation 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 Companies
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed was in charge 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 shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub section shall render any such person liable to any punishment if he proves that the offence was committed without knowledge or that he exercised all due deligence 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 a 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 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".
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 first Class.
Section 10A 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 thereunder, 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 person.
(2) Any person aggrieved by the order of suspension or cancellation of licence may appeal 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 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 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 silkworms are reared by any department of Government.
Section 13 Power to make rules
(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 procedure for dealing with such appeals;
(cc) the manner of constituting cocoon market committees, and the powers, functions and duties of such committees and the Market Officer and the sitting fee and other allowances payable to the members of the committee;.
(d) the disposal of the silkworm seed or cocoon or the vessel, receptacle, apparatus, package or covering containing the same which may be seized under Section 6.
(e) the market fee payable by the rearers and licensed buyers in respect of cocoons sold and purchased in the cocoon market, such fee not exceeding two percent of the price amount of the cocoons, and the purposes for which the fees may be utilised.
(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 if 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 to the validity of anything previously done under that rule.
RULE:
ANDHRA PRADESH SILK WORM SEED AND COCOON (CONTROL) RULES, 1983
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 Silk Worm Seed (control) and Cocoon Rules, 1980 issued in G.O.Ms.No. 6 Ind. and Com, (S P and S) Department, dated 3rd January, 1980 and published in Rules Supplement to Part II, Extraordinary of Andhra Pradesh Gazette, dated the 10th January, 1980 the Governor of Andhra Pradesh hereby makes the following rules
Rule 1 Short title
(1) These rules may be called the Andhra Pradesh Silk Worm Seed and Cocoon (Control) Rules, 1983.
(2) They shall come into force at once.
(3) These rules are applicable to the entire State of Andhra Pradesh.
Rule 2 Definitions
In these rules, unless the context otherwise requires:-
(a) Act means the Andhra Pradesh Silk Worm Seed and Cocoon (Control) Act, 1956.
(b) Authorised Agent means a representative of the licenced buyer as authorised 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 skiens or directly on standard reels.
(f) Department means the Department of Sericulture.
(g) Director means the Director of Sericulture.
(h) Disease Free Laying means the silk worm eggs which are free from all diseases.
(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.
(k) Grainage means a place or premises where Disease Free layings (Silkworm eggs) are prepared.
(l) Improved Reeling Machine means reeling basins with multi ends imported from outside 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 cocoon of all kinds whether intended for re production of reeling.
(p) Market fee means the fee payable by the rearer and the licenced buyers in respect of cocoons sold and purchased in the cocoon market under clause (e) of sub section 2 of Section 13 of the Act.
(q) Officer means any officer of the Sericulture Department authorised 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 for production of silkworm cocoons, whether for reproduction or reeling.
(s) Reeling cocoons means silkworm cocoons utilised 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 utilised for production of Disease Free Silkworm Seed.
(w) Seed Rearer means a rearer engaged in rearing of silkworm for production of silkworm cocoons for reproduction purpose.
(x) Silkworm Seeds 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.
Rule 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 licensing authority, or by any Officer authorised 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.
Rule 4 Applications for grant of licenses
(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 license 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.
Rule 5 Grant 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 licencing authority may, if it is satisfied that the applicant for a license to be a seed rearer, is eligible for the grant of licence and taking into consideration the number of seed rearer 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 refuse the grant of licence subject to such conditions specified therein.
(4) All licences granted under this rule shall be entered in the Register in Form No.6.
Rule 6 Fees for the Grant of licence
A licence may be granted under Rule 5, on payment of the fee specified in the Table below :-
Rule 7 Renewal of Licence
(1) A licence may, on application in Form No.7, after the Licens ing authority having satisfied that the applicant continues to satisfy the conditions for grant of a licence, be renewed by the licensing 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 licensee has contravened any condition of the licence granted or renewed in respect of the preceding year, refuse to renew the licence. The renewal fee is specified in the Table below:-
TABLE
Sl. No.
Category of renewal
Fee
(1)
(2)
(3)
1.
Rearer including Seed Rearer
..
One Rupee
2.
Cocoon buying and reeling :-
(a) Charka each unit
..
Two Rupees
(b) Cottage Basin (each unit)
..
Two Rupees
(c) Filature each unit
..
Ten Rupees
(d) Improved Reeling Unit each
..
Thirty Rupees
3.
Purchase of silkworm cocoons for reeling mulberry
or tassar
..
Two Rupees
4.
Twisting unit of every 120 spindles
..
Five Rupees
(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 licensed until such date as the licensing authority renews the licence.
(3) Notwithstanding 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 per cent in excess of the fee payable for the licence.
Rule 8 Procedure on Death of Licensee
If a licensee dies, the authorised agent carrying on the business of such licensee shall not be liable to any penalty under the Act for exercising the powers granted to the licensee 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.
Rule 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.
Rule 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 licence is rejected, the fee paid shall be refunded to the applicant.
Rule 11 Conditions for the grant of Licence
(1) A person shall be eligible for the grant of licence 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 licence to be a seed rearer unless he possesses the following qualifications namely:-
(a) The person 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;
(b) He should be an experienced silkworm seed rearer knowing the techniques of silkworm rearing; and
(c) in the case of Sericulture Co-operative 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 licence 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.
Rule 12 Conditions and manner governing transaction relating to Sale or purchase of Silkworm Cocoons in a Cocoon Market
(1) No rearer shall sell or agree to sell silkworm cocoons except in a cocoon market established under the Act except in accordance with the following conditions and in the manner laid down hereunder.
(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 of any agent authorised by him in writing 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 licensing authority or his authorised agent shall transact 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 condition under which he is permitted to do so by the Licensing Authority. The Licensing Authority is empowered to impose additional conditions for this purpose to ensure fair transactions in a cocoon Market.
(d) No person who transacts any business relating to silkworm cocoons in a cocoon market shall transport cocoons 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 an officer produce his accounts and receipts for inspection.
(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 per cent 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 Department of the Sericulture.
(c) 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.
Rule 12A Sericulture Development Fund
(1) There shall be formed for the whole of the State a Fund to be called the Sericulture Development Fund. All fees collected in markets shall constitute this Fund. It shall, however, be competent for the Government to add such other fund as it may deem fit to the Fund.
(2) The Sericulture Development Fund shall vest in the Sericulture Development Fund Authority hereinafter called Authority and shall be deposited in the Government Treasury in a P.D. Account.
(3) The Authority shall consist of the following Members :-
(1) Commissioner of Sericulture ...... Chairman
(2) Joint Secretary to Government dealing with subject of Sericulture in Agriculture and Co-operation Department ...... Member
(3) Joint Secretary Deputy Secretary, dealing with Sericulture in Finance Department ...... Member]
(4) Collector, Ananthapur Chittoor (in rotation) ...... Member
(5) General Manager, Andhra Pradesh Federation of Sericulturists and Silk Co-operative Societies Limited Hyderabad, (SERIFED) ...... Member
(6) Two Representatives each from Rearers and Reelers respectively ...... Member
(7) Joint Director of Sericulture (Head Quarters) ...... Member/Convenor
(4)
(a) The term of office of a Non official member of the Authority shall be for a period of one year from the date of constitution of the Authority unless he ceases to be a member due to death, resignation or removal.
(b) Where the Government is of the opinion that a member of the Authority is persistently not performing the duty entrusted to him, it may after giving that member an opportunity, remove him from the membership of the Authority.
(c) If any vacancy arises in the Authority due to death, resignation or removal, it shall be filled by Government in a manner deemed fit and such person shall hold office only for the residue of the term of office of his predecessor.
(d) If, in the opinion of the Government, duties entrusted to the Authority are not performed satisfactorily, the Government may dissolve such Authority after giving an opportunity to it and shall reconstitute it.
(5) The Fund shall be jointly operated by the Chairman and the Member Convenor.
(6) The Fund shall be administered and applied by the Authority for all or any of the following purposes: -
(a) Provision of adequate amenitites to rearers reelers in Grainages markets:
(b) development of rural roads to facilitate marketing of cocoon raw silk;
(c) Provision of testing grading facilities for silkworm seed cocoon yarn;
(d) Operation of price stabilisation scheme for rearers reelers;
(e) Organisation of marketing schemes for rearers reelers;
(f) Giving awards to the best rearers reelers;
(g) printing of extension literature publicity material for the benefit of rearers reelers;
(h) Promotion of bivoltine sericulture in the State;
(i) Promotion of R and D activity in the private sector for production of quality seed yarn;
(j) Meeting expenses in connection with conduct of workshops seminars functions, visits of dignitaries for the development of sericulture in the State;
(k) Any other purpose as may be specified by the Government Authority by general or specific orders for the healthy growth of the Sericulture Industry.
(7) The powers of the Authority shall be :- (a) to formulate and approve specific development schemes for the sericulture sector;
(b) to monitor the implementation of the schemes;
(c) to get the accounts of the Fund duly audited as directed by the Government from time to time;
(d) to prepare and furnish an annual performance report to Government;
(e) to incur expenditure for various purposes stated in sub rule (5); and
(f) to discharge other duties as entrusted by the Government from time to time;
(8) The Chairman of the Authority shall cause to be maintained all accounts and other books for proper utilisation of the Fund and shall prepare an annual statement of accounts.
(9) The Authority shall approve an estimate of receipts and expenditure of the Fund every year for which purpose the Chairman shall call for a Special meeting of Authority during the month of February. The Authority shall consider the estimates so furnished and shall approve the same, either with or without alterations as it deems fit. For the purpose of this sub rule, year shall commence from the 1st day of April and end on the 31st day of March of the ensuing year.
(10) The Authority shall hold meetings as often as possible and in any case there shall be one meeting for every quarter.
(11) No meeting of the Authority shall be proceeded with, unless there is quorum of 4.
(12) It shall be competent for the Chairman of the Authority to expend an amount not exceeding Rs.50,000 (Rupees fifty thousand only) a year in any unforeseen and pressing circumstances without the approval of the Authority. Such expenditure shall however, be placed before the Authority in its next meeting.
Rule 13 Market Committees
(1) The Committee constituted under clause (b) of sub section (1) of Section 5 A of the Act shall consist of two representatives of rearers, and one each of licensed buyers incharge of charka establishments and filature establishments with the market officer as the chairman.
(2) The term of 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 an 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 (1) of this rule and such a person shall hold office only in remaining period of Office of the Committee constituted.
(5) If in the opinion of the Government, the duties entrusted to the market committee are not satisfactory, the Government may dissolve such market committee and reconstitute it in accordance with sub rule (1).
Rule 14 Powers and Duties of Market Committee
(1) The Market Committee shall take immediate action to prevent vzifly 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 transactions conducted in the market.
(3) The Committee shall get the cocoons weighed and conduct the open auction as contemplated is sub section (2) of 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 employee 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 regural 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 cocoons, brought to the market for sale by a 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.
(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 be accepted in such second auction.
(c) 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 hold 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 cocoons 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 drainage 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.
Rule 14A 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.
Rule 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 of Sericulture, in the case of an order passed by an authority subordinate 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 the 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.
Rule 16 Procedure regarding Seizure
(1) When any silkworm seed or silkworm cocoons including any vessel, receptacle, apparatus, package or covering in which such silkworm seed or silkworm cocoons is contained is seized any Officer not below the rank of Inspector of Sericulture acting under Clause (d) of the 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.
Rule 17 Maintenance of Registers
Every licensee 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 licencing authority for every fifteen days.
Rule 18 Powers of Director
The Director of Sericulture may delegate any powers conferred on him to any Officer under this rule.
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.
APPENDIX 1 Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule 4(1) ]
FORM 1
Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 4(1) ]
Application for a licence :
For Rearing of Silkworms required for Seed purposes.
or
For Rearing of Silkworms other than Seed purposes
1. Name of the Applicant :- .....
2. Educational Qualifications .....
3. Father's Name .....
4. S.C. S.T. B.C. others (Specify Caste) .....
5. Address .....
6. Category of the Applicant, Small Farmer/
Marginal Farmer/Medium Farmer/Big Farmer .....
7. Extent of Mulberry holding .....
8. (a) Village and Sl. No. of mulberry garden .....
(b) Probable date of plantation .....
9. Description of rearings :- .....
(a) Silkworm rearing for seed purposes .....
(i) Bi-voltine races .....
(ii) Local Races .....
(b) Silkworm rearing for purposes other .....
than seed purposes
(i) Cross breeds .....
(ii) Bi-voltine .....
10. Capacity for :-
(a) Silkworm rearings for Seed purposes .....
(b) Silkworm rearing for purposes other .....
than seed purposes
11. Amount of licence free remitted with .....
Challan No. and date
(Original Challan to be enclosed) .....
Place :
Date :
Signature of the Applicant
For Official Use :
Remarks of the Recommending Officer :
Date of Inspection :
Observations of Issuing Authority :
Signature with Seal.
Name of Issuing Authority :
Designation :
For use by Licensing authority :
1. Licence granted.
2. Licence Rejected.
Place :
Date :
Signature with Seal.
Name :
Designation :
APPENDIX 2 Andhra Pradesh Silworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule 4(2) ] Application for a Licence for, Establishment of Reeling,
FORM No. 2
The Andhra Pradesh Silworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 4(2) ] Application for a Licence for, Establishment of Reeling, Twisting Units and Purchase of Silkworm Cocoons
1. Name of the Applicant :
2. S.C. B.C. S.T. others (Specify Caste) :
3. Father's Name :
4. Address : Village Taluks District
5. Educational Qualifications :
6. Description of premises in which reeling
is proposed to be carried on :
7. Appliances employed for reeling twisting :
(a) Annual Consumption (Cottage, Filature) :
(b) Annual Production :
8. Number of Charkas basins spindles
installed with years :
9. Cost of equipment and from whom purchased :
10. How long has to the applicant been engaged :
in reeling twisting
11. Particulars regarding the volume of :
business done during the three years prior
to the date of application
(a) Financial inputs. :
(1) Out of own funds :
(2) Out of loan with details :
(3) Out of subsidy if any availed :
(4) Working Capital :
(i) Sanctioned by Bank :
(ii) Own Sources :
(b) Labour Employed : :
(1) Men : S.C. S.T. B.C. Others : Daily rate of wage :
(2) Women :
(3) Boys Girls :
12. If the applicant is a silkworm rearer
himself the approximate quantity of
cocoons he produces in the year :
13. Amount of licence fee remitted with :
challan No. and date (original challan to
be enclosed)
14. In case of applicant from outside the :
State licence No. and date of licence
already granted by Government concerned
Place :
Date :
Signature of the Applicant
For Official use :
Remarks of the Recommending Officer
Date :
Place :
Signature :
Name :
Designation :
FOR USE OF THE LICENSING AUTHORITY
1. Licence Granted :
2. Licence Rejected :
Signature of the Licensing Authority.
Date :
Name :
Designation
Place :
APPENDIX 3 Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule 5(1) ]
FORM No.3
The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 5(1) ]
Licence For Rearer
(Not transferable)
No. ...............
Granted to Sri son of Sri Address for the purpose of undertaking silkworm rearings for production of silkworm cocoons for reeling re production at This licence is valid upto 31st March, ......................................
Date :
Place :
Signature and Designation of the
Licensing Authority.
Conditions to be complied with by the Licensee :-
(a) A licensed rearer shall rear silkworm seed purchased from a Grainage approved by the Director of Sericulture.
(b) Preserve egg sheets each lot of disease free layings supplied to him after brushing the worms till the crop of that particular lot is completed and the cocoons are disposed off.
(c) Preserve bills issued by the Grainage towards the purchase, of silkworm eggs for a period of three months from the date of issue of the bill.
(d) Undertake disinfection of his rearing apartment and rearing appliances as and when becomes necessary.
APPENDIX 4 Andhra Pradesh Silworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule 5(2) ]
FORM No.4
The Andhra Pradesh Silworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 5(2) ]
Licence for Seed Rearer
(Not transferable)
Granted to Sri.son of Sri .Address.for the purpose of rearing Foreign Race Local Race for the production of Seed. This licence is valid upto 31st March, ........................
Date : ..............................
Place : .............................
Signature and Designation of the
Licensing Officer.
Conditions to be complied with by the Licensee :-
Every Seed Rearer shall comply with the following conditions namely :-
(a) He shall rear pure race silkworm seed obtained from Government Grainage or by any other sources approved by the Director of Sericulture.
(b) The egg sheets of each lot of disease free layings supplied to him should be preserved by him after brushing the worms till the crop of that particular lot is completed and the cocoons are sold.
(c) he shall not transfer worms during the course of rearing from one place to another or from the Person to another without the permission of the Officer.
(d) He shall comply with the instructions given from time to time by the Officers in the rearing the silkworms and permit them to inspect the rearings and take worms for testing at every stage.
(e) He shall allow the silkworms to spin on the mountages and harvest the cocoons after the worms inside have crossed the larvel stages.
(f) He shall on no account retain cocoons for more than four days after harvest without the written permission of the Officer.
(g) He shall allow the Officers to disinfect rearings apartment and the appliance if found necessary and offer all facilities for disinfection.
(h) In the event of detection of any disease pest he shall allow the Officer to destroy silkworm seed or silkworm and disinfect any vessel, receptacle or apparatus used in its production, preparation, storage or transport to prevent the spread of silkworm disease pest or to eradicate it.
The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 5(3) ]
Licence for Rearing
(Not transferable)
Granted to Sri.S/o, Sri .Address . .is permitted with.Number of Charkas filatures/basins/cottage basins/spindles to be worked in the premises (description) .............. for carrying out business of rearing silkworm cocoons/twisting raw silk. This licence is valid upto 31st March, .19 .
Signature and Designation of the
Licensing Officer.
Conditions to be complied with by the Licensee :
Every Reeler shall comply with the following conditions for the purpose of silkworm cocoons for reeling :-
(a) He or the agents authorised by him and aproved by the licensing authority shall operate only in the cocoon market.
(b) Every licensed buyer or reeler should deposit with the Market Officer before commencing the bid the sum equivalent to the value, to the quantity of cocoons which he intends to purchase in such bid.
(c) He shall not remove cocoons purchased by him to any area unless covered by a permit issued in Form No.8.
(d) The reeler or in his absence his authorised agent approved by the licensing authority shall only bid in the market.
(e) The reeler or his authorised agent approved by the licensing authority shall abide by the conditions laid down for transaction involving sale or purchase of cocoons in the cocoon market.
(f) He shall not acquire otherwise than by purchase in the cocoon market.
(g) He shall maintain true and correct account relating to the purchase of cocoons in the cocoon market and its disposal.
(h) He shall, if so required by an Officer, produce the account for inspection.
APPENDIX 6 Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule 5(4) ]
FORM No.6
The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 5(4) ]
Register of Licence
Sl.No. Name and Address of thepersons towhom a licenceis granted Category of licence grantedto him andits number If the licence isfor reeling statethe No. of charkascottage basinsfilature basinsspindles Date ofIssue Date ofexpiry Signature (1) (2) (3) (4) (5) (6) (7)
APPENDIX 7 The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule No.71 ]
FORM No.7
The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule No.71 ]
Application for Renewal of Licence
1. Name of the applicant:
2. SC ST BC others:
3. Father's name :
4. Address:
5. Description of premises in which reeling twisting :
is proposed to be carried on
6. Appliances employed for reeling twisting:
7. Annual consumption (Cottage and filature) :
8. Annual Production:
9. No. of charkas basins spindles installed :
10. How long has the applicant been engaged reeling :
twisting
11. If the applicant is a silkworm rearer himself :
the approximate weight of cocoons he produces
in the year
12. Previous licence No. and Date of expiry :
13. Amount of licence fee remitted with challan No.
and date (Original Challan to be enclosed) :
Place :
Date :
Signature of the Applicant.
For Official use
Remarks of the Recommending Officer :
Date of Inspection :
Observations of issuing authority :
Signature with seal.
Name of issuing authority.
Designation.
For use by Licensing Authority :
1. Licence renewed :
2. Licence rejected :
Place :
Date :
Signature with Seal
Name :
Designation :
APPENDIX 8 The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule 12(2)(d)]
FORM No.8
The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 12(2)(d)]
Certificate for Transport of Reeling Cocoons Purchased
Sri..S/o..Address .......................... Holding Licence No.......................... dated .......................... has purchased .......................... Kgs. of Reeling Cocoons in the Cocoon Market at .......................... District .......................... and is permitted to transport the same from ................................ to ................................
Signature and Designation of
the Officer.
APPENDIX 8A FORM 8A
FORM No. [ See Rule 12(1)(CC) ]
FORM No.8-A
[ See Rule 12(1)(CC) ]
Permit for Transport of Reeling Cocoons outside the State by the Rearer
Sri .......................................... S/o ....................................... Address ..................... is permitted to transport .................................... Kgs. of cocoons outside the State. He has paid Rs. ................... towards the Market fee at 2 of the total value of the cocoons brought to the market as per the highest bid of Rs. .......................... per kg. in the cocoon market at .............. district .......................... on .....................................
This permit is valid only for the transportation of ...................................... kg. of cocoons mentioned above, and expired by .............................................
Signature and Designation of
the Officer.
APPENDIX 9 The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule 12(2)(e) ]
FORM No.9
The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 12(2)(e) ]
Register showing the Details of Purchase of Silkworm Cocoons
Sl.No. OpeningBalancein kgs. Date of purchaseof cocoons Name of cocoonmarket ormarkets in whichpurchased Quantityof cocoonspurchasedin Kgs. Market fee paid ReceiptNo. andDate Stock on handincluding thispurchase inKgs. Quantity utilised forreeling inKgs. Raw Silk obtainedin Kgs. Silk wasteobtainedin Kgs. Closing balance in Kgs. Cocoons Silk Silkwaste (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
APPENDIX 10 The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rules 14(10) ]
FORM No.10
The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rules 14(10) ]
Receipt for Cocoons Received for Storage
Receipt No.
Dated
(Seal of the Cocoon Market)
Received from Sri/Smt./Kum S/o, W/o, D/o village a quantity of Kgs. (in words) .......... Kilograms, spun on ........................................ under lot Noof storage Register for storage.
Market Officer.
APPENDIX 11 Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[See Rule 14(11) ]
APPENDIX 12 Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule 14(12) ]
FORM No.12
Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 14(12) ]
Certificate
No.
Dated ....................
(Seal of the Market)
Certified that Sri/Smt./Kum. ..S/o, W/o, D/o, .. ............................ village sold ..Kgs. (in words) .. (kilograms) of cocoons for reeling at Rs. ..per Kg. under lot No..on..
Market Officer
APPENDIX 13 Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 14(13) ]
APPENDIX 14 Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule (2)(d) ]
FORM No.14
The Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule (2)(d) ]
Application for Authorising a person other than Licence Holder to participate in the Bidding in the Notified Cocoon Markets on behalf of the Licensee.
I .. S o .. Village .. Taluk .. District .. holding the licence No. .. date .. hereby authorise Sri.. S/o .............................R/o ........... to participate in the biddings in the cocoon markets on my behalf and abide all terms and conditions under which the licence was granted to me. His specimens signature is attested below : -
Date :
Station :
Signature of the Licensee.
Specimen signature of the agent :
Attested :
Signature of the licensee.
For use by the Market Officer :
Approved/Rejected :
Market Officer:
APPENDIX 15 Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
FORM No.
[ See Rule 18 Rearer s Register ]
FORM No.15
Andhra Pradesh Silkworm Seed and Cocoon (Control) Rules, 1983
[ See Rule 18 Rearer s Register ]
Sl.No. Name of therearer withaddress LicenceNo. Area undermulberry Village and survey No. No. of DFL's brushed Name of theGrainage supplied Receipt No.of theGrainage Quantity ofcocoonsharvestedin Kgs. CocoonMarket inwhich cocoonsdisposed Amount realised in Rst. Market fee paid and receipt No. and date Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) |
