MYSORE COFFEE STEALING PREVENTION ACT, 1878

8 of 1878

An Act to prevent Thefts of Coffee. Whereas, it is expedient to make special provision to prevent thefts of coffee, and to repress and punish the offence of receiving or disposing of stolen coffee in the neighbourhood of coffee plantations or estates; It is enacted as follows

Section 1 Short title

This Act may be called the Mysore Coffee Stealing Prevention Act, 1878.

Section 2 Commencement and local extent of Act

This Act shall take effect in such districts divisions or parts of districts, or within such localities or limits within the 11. See the Mysore Adaptation of Laws Order, 1953 [State of Mysore except Bellary District,] and from such date as the 22. Substituted for the words "Governor in Council" by Notification No. 130-I.J., dated 19-6-1878 [Government of Mysore] may from time to time direct by notification published in the Official Gazette. Power to modify or annul notification.-The 33. Substituted for the words "Governor in Council" by Notification No. 130-I.J., dated 19-6-1878 [Government of Mysore] may from time to time modify or cancel such direction by notification, similarly published.

Section 3 Interpretation

In this Act. Labourer" means and includes all persons (except resident managers) temporarily or permanently employed on a coffee estate in any capacity, whether agricultural, menial or otherwise whosoever; "Carrier" means and includes all persons for the time being employed in the transport of coffee, whether by porterage, packanimals, boat, cart or otherwise, and whether as contractors, drivers or otherwise; "Coffee estate" means and includes any land on which coffee is growing; "Coffee" means and includes all coffee not roasted or otherwise prepared for immediate consumption.

Section 4 Coffee not to be taken from labourers

It shall not be lawful for any one to purchase take in barter or exchange, or receive coffee from any labourer employed on a coffee estate.

Section 5 Coffee not to be taken from other than labourer, unless particulars entered in book

It shall not be lawful for any one to purchase, take in barter or exchange, or receive coffee from any person other than a labourer employed on a coffee estate, unless the person so purchasing, taking in barter or exchange, or receiving such coffee shall immediately thereupon enter or cause to be entered in a book to be kept by him for that purpose a true record of such transaction, specifying.-

(a) the name, residence and occupation of the person from whom such coffee was so purchased, taken in barter or exchange, or received;

(b) the date of the transaction; and

(c) the quantity and description of the coffee so purchased taken in barter or exchange, or received:

Provided that this section shall not apply to coffee purchased, taken in barter or exchange, or received from any person other than a labourer employed on a coffee estate, and intended bona fide for consumption in the house or on the premises of the person purchasing, taking in barter or exchange, or receiving the same as aforesaid.

Section 6 Books to be produced on police officer's requisition

All books required by Section 5 to be kept by persons purchasing coffee shall be produced upon the requisition of any police officer not below the rank of an officer in charge of a police station, generally or specially authorized by any [Judicial Magistrate] to require the production of such books.

Section 7 Condtions under which coffee may be taken from a carrier

It shall not be I will for any one to purchase or take in barter or exchange coffee from am carrier, or for any carrier to sell or give in barter or exchange any coffee, unless the person so purchasing or taken in barter or exchange such coffee shall, besides making the entry required by Section 5 of this Act, also enter or cause to be entered in the book mentioned in the said Section 5 the marks (if any) on the bags or other packages in which such coffee may be contained, nd unless the entries required by this section and by the said Section 5 a also correctly signed by such carrier in his own name, and attested by a police officer or the headman of the village within which the transaction takes place; for which attestation no fee shall be chargeable.

Section 8 Penalty for breach of Section 4, 5, 6 or 7.

Any person committing any breach of the provisions contained in Section 4,5,6 or 7 of this Act shall be liable, on conviction by a judicial Magistrate], to pay a fine not exceeding five hundred rupees.

Section 9 Penalty in case of labourer being found in possession of green coffee for which he cannot account

Any cooly, maistry or other labourer employed on a coffee estate found with green gathered coffee in his possession, and failing to account satisfactorily for such possession, shall be liable, on conviction by a judicial Magistrate], to pay a fine not exceeding five hundred rupees.

Section 10 Coffee not to be carried without permission of owner or agent

No person shall carry or remove coffee from any coffee estate, premises or place, or upon any road, highway or footway, without the express permission of the owner or of his authorized agent. Permission to be in writing.-Such permission shall be in writing dated and signed by the said owner or his authorized agent, and shall contain the following particulars.-

(a) the quantity of the coffee to be carried or removed;

(b) the number, description and marks of the packages in which coffee is secured;

(c) the place or destination to which the coffee is to be carried or removed; and

(d) the names of the consigner and consignee. Penalty for breach of this section.-Any person committing any breach of the provisions of this section shall, on conviction by a 11. Substituted for the word "Magistrate" by Act No. 13 of 1965, w.e.f. 1-10-1965 [Judicial Magistrate], be liable to pay a fine not exceeding five hundred rupees.

Section 11 Hours of gathering or removing coffee

No coffee shall be gathered, moved, loaded or unloaded on any coffee estate between sunset and sunrise. Penalty for breach of above provision.-Any person committing a breach of this provision, or abetting (within the meaning of the Indian Penal Code) such breach, shall, on conviction by a 22. Substituted for the word "Magistrate" by Act No. 13 of 1965, w.e.f. 1-10-1965 [Judicial Magistrate], be liable to pay a fine not exceeding five hundred rupees: Section 10 and this section not to apply to ordinary operations of curing.-Provided that nothing In Section 10 or in this section shall apply to the ordinary operations of curing the crop on the estate, such as pulping or storing.

Section 12 Procedure if gathering, etc.

Procedure if gathering, etc. was done to commit theft-If it shall appear that such gathering, moving, loading or unloading was for the purpose of committing a theft, the person or persons so engaged shall be liable to be charged with theft, or abetment of theft, and be proceeded against for such offence under the provisions of Sections 378 and 379 or Sections 107, 108 and 109 of the Indian Penal Code, as the case may be.

Section 13 Substituted or additional punishment for second offence under Section 9

It shall be at the discretion of the 33. Substituted for the word "Magistrate" by Act No. 13 of 1965, w.e.f. 1-10-1965 [Judicial Magistrate], in the case of any persons, not being females, who shall be convicted of a second offence under Section 9 of this Act, to substitute or add corporal punishment under the provisions of Act No. VI of 1864 (An Act to authorise the punishment of whipping in certain cases), or of any other law for the time being in force in that behalf for or to the penalties provided by this Act:

Provided that such substituted or additional punishment shall be awarded only in respect of the offence itself, and not as an alternative penalty for non-payment of fine.

Section 14 Fines to be paid into public treasury

All fines paid or levied under this Act shall be paid into the public treasury: 44. Substituted for the word "Magistrate" by Act No. 13 of 1965, w.e.f. 1-10-1965 [Judicial Magistrate] may grant rewards to informers.-Provided that the 55. Substituted for the word "Magistrate" by Act No. 13 of 1965, w.e.f. 1-10-1965 [Judicial Magistrate] trying any case under this Act may grant the whole or any portion of any fine levied therein as rewards to persons furnishing such information as may have led to the conviction of offenders under this Act.