THE KERALA GIFT GOODS (UNLAWFUL POSSESSION) ACT, 1963
[Published in K.G. No, 21 dated 31-1-1963.]
[Act No. 6 of 1963]
PREAMBLE
An Act to provide for the punishment of the offence of unlawful possession of gift goods supplied by certain relief organizations.
Whereas it is expedient to provide for the punishment of the offence of unlawful possession of gift goods supplied by certain relief organizations;
Be it enacted in the Thirteenth Year of the Republic of India as follows:
Section 1 - Short title, extent and commencement
(1) This Act may be called the Kerala Gift Goods (Unlawful Possession) Act, 1963.
(2) It extends to the Whole of the State of Kerala.
(3) It shall come into force at once.
Section 2 - Definitions
In this Act, unless the context otherwise requires-
[Substituted by Act of 1967] [(1) "Gift goods" means any of the goods specified in Schedule I, supplied, by way of gift, by any relief organization to any State government or to the Central government or to any other person on belief of such Government].
(2) "relief organization" means any organization specified in (Schedule II"]
Section 3 - Unlawful possession of gift goods
If any person is found, or is proved to have been, in possession of any gift goods reasonably suspected of being stolen or unlawfully obtained and cannot account satisfactorily how he came by the same, he shall be punished with imprisonment for a term which may extend to two years or with fine, or with both.
Section 4 - Offences under the Act to be cognizable
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) any offence under this Act shall be deemed to be a cognizable offence within the meaning of that Code.
(2) No court below that of a Magistrate of the First Class shall try any offence under this Act.
Section 5 - Power to amend Schedules
[Pub. in K.G. Ex. No. 11 dated 11-1-1963)] [(1) The Government may, by notification in the Gazette, amend Schedule I by adding the name of any goods in, or omitting the name of any goods from, the said Schedule and thereupon that Schedule shall be deemed to be amended accordingly.
(2) The Government by notification in the Gazette, amend Schedule II by adding the name of any organization in, or omitting the name of any organization from, the said Schedule and thereupon that Schedule shall be deemed to be amended accordingly].
Section 6 - Notification to be placed before the legislative Assembly
Every notification issued under this Act shall be laid, as soon as may be, after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and before the expiry of the session in which it is so laid, or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, or notification shall hereafter have effect, only in such modified form or be of the effect, 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
Schedule - Schedule
[Pub. in K.G. Ex. No. 11 dated 11-1-1963.] [Schedule (See Section 2 (1)]
1. Milk powder 2. Butter 3. Butter Oil 4. Ghee 5. Rolled wheat 6. Bulgur wheat 7. Cheese 8. Wheat flour 9. Cornmeal 10. Beam 11. Hydrogenated oil 12. Soyabean oil 13. Cotton seed oil 14. Sunflower oil 15. Benzyl Benzoate Emulsion 16. Penicillin 17. Triasyn Tablets 18. Ferrous Sulphate Tablets 19. Sulpha-guanidine Tablets 20. Trisulfonamide Tablets 21. Calcium Lactate Tablets 22. Vitamin A & D Capsules 23. Piperazine Citrate Tablets 24. Chlorotetracycline Ointment.] |
