West Bengal Cement Control Act, 1948 Complete Act - Bare Act

WEST BENGAL
CEMENT CONTROL ACT, 1948

8th October, 1948

An Act to confer powers to control the production, supply and distribution of, and trade and commerce in, cement in West Bengal. WHEREAS it is expedient to confer powers to control the production, supply and distribution of, and trade and commerce in, cement in West Bengal ;

Section 1 Short title, extent and commencement

(1) This Act may be called the West Bengal Cement Control Act, 1948.

(2) It extends to the whole of West Bengal.

(3) It shall come into force on the date on which the West Bengal Cement Control Ordinance, 1948, ceases to operate.

Section 2 Definition

In this Act, unless there is anything repugnant in the subject or context, "cement" includes portland cement, any other cementitious product manufactured by intergrinding or intermixing portland cement as defined in the British Standard Specifications of 1940, with any active or inert material, white and coloured cements, high alumina cements, and any product manufactured by direct mixing of some or all oxides constituting normal portland cement.

Section 3 Power to control production, supply, distribution, etc., of cement

(1) The 11. Word subs. by the Adaptation of Laws Order, 1950. [State] Government, so far as it appears to it to be neces

(2) Without prejudice to the generality of the powers conferred by subsection (1), an order made thereunder may provide

(a) for regulating by licences, permits or otherwise the production or manufacture of cement ;

(b) for regulating or controlling the prices at which cement may be purchased or sold and for prescribing the conditions of sale thereof;

(c) for regulating by licences, permits or otherwise, the storage, transport, movement, possession, distribution, disposal, acquisition, use or consumption of cement ;

(d) for prohibiting the withholding from sale of cement ordinarily kept for sale ;

(e) for requiring any person holding stock of cement to sell the whole or specified part of the stock at such prices and to such persons or classes of persons or in such circumstances, as may be specified in the order ;

(f) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters ;

(g) for requiring persons engaged in the production, supply or distribution of, or trade or commerce in, cement to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order ; and

(h) for any incidental and supplementary matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorised to make such search of cement in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licenses, permits or other documents, and the charging of fees therefor.

(3) When any cement is seized under the authority of any order made under sub-section (1), the person seizing the cement shall make a report of such seizure to a Magistrate who may give such directions as to its temporary custody as he thinks fit, so, however, that where no prosecution is instituted for contravention of the order in respect of the cement seized within a period in his opinion reasonable, the Magistrate shall direct its return to the person from whom it was seized; and the provisions of the Code of Criminal Procedure, 1898, shall, so far as they may be applicable, apply to any search or seizure under any such order as they apply to any search or seizure under Chapter VII of that Code.

Section 4 Delegation of powers

The 22. Word subs, by the Adaptation of Laws Order, 1950. [State] Government may, by order in the Official Gazette, direct that the power to make orders under section 3 shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such Officer 33. Words subs, by W.B. Act 21 of 1956. [, not below the rank of Subdivisional Controller of Food and Supplies,] as may be specified in the direction.

Section 5 Effect of orders inconsistent with other enactments

Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.

Section 6 Penalties

If any person contravenes any order made under section 3, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both, and, if the order so provides, any Court, trying such contravention, may direct that any property in respect of which the Court is satisfied that the order has been contravened shall be forfeited to 22. Word subs, by the Adaptation of Laws Order, 1950. [Government].

Section 7 Attempts and abetments

Any person who attempts to contrivance, or abets a contravention of, any order made under section 3, shall be deemed to have contravened that order.

Section 8 Offences by corporation

If the person contravening an order made under section 3 is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.

Section 9 False statement

If any person

(i) when required by an order made under section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or

(ii) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

Section 10 Cognizance of offences

No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal Code.

Section 11 Powers to try offences summarily

Omitted by W.B. Act 21 of 1956.

Section 12 Special provision regarding fines

Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any magistrate of the First Class specially empowered by the [State] Government in this behalf and for any Presidency Magistrate to pass a sentence of fine exceeding one thousand rupees on any person convicted of contravening an order made under section 3.

Section 13 Savings

[Save as provided in the Constitution of India no order] made in exercise of any power conferred by or under this Act shall be called in question in any Court.

Section 14 Protection of action taken under the Act

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under section 3.

(2) No suit or other legal proceeding shall lie against the 4[Government] for any damages caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 3.

Section 15 Power to exempt certain varieties of cement

The [State] Government may, by notification in the Official Gazette, exempt any variety of cement from all or any of the provisions of this Act.

Section 16 Continuance of action taken under West Ben. Ord. 9 of 1948

Any order or direction issued or any action taken or anything done or any penalty, forfeiture or punishment incurred or imposed or any proceeding commenced in exercise of any power conferred by the West Bengal Cement Control Ordinance, 1948, shall, on the said Ordinance ceasing to be in operation, be deemed to have been issued, taken, done, incurred, imposed or commenced under the provisions of this Act as if this Act had commenced on the 6th day of August, 1948.