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The Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987

Year of Passage: 1987 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Jute PackagingMaterials (Compulsory Use in Packing Commodities) Act, 1987. (2) It extends to the whole of India. (3) It shall come into force of such date 1as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Definitions.

In this Act, unless the context otherwise requires,-- (a) "commodity" means-- (i) any essential commodity; (ii) any article manufactured or produced by any scheduled industry; (b) "essential commodity" shall have the same meaning as in the Essential Commodities Act,1955 (10 of 1955); (c) "jute packaging material" means jute, jute yarn, jute twine, jute sacking cloth, hessian cloth,jute bags or any other packaging material containing not less than seventy-five per cent., by weight,of jute; (d) "scheduled industry" shall have the same meaning as in the Industries (Development andRegulation) Act, 1951 (65 of 1951); (e) "Standing Advisory Committee" means the Standing Advisory Committee constituted undersection 4.

Section 3 Power to specify commodities which are required to be packed in jute packaging material.

(1) Notwithstanding anything contained in any other law for the time being in force, theCentral Government may, if it is satisfied, after considering the recommendations made to it by theStanding Advisory Committee, that it is necessary so to do in the interests of production of raw jute andjute packaging material, and of persons engaged in the production thereof, by order published in theOfficial Gazette, direct, from time to time, that such commodity or class of commodities or suchpercentage thereof, as may be specified in the order, shall, on and from such date, as may be specified inthe order, be packed for the purposes of its supply or distribution in such jute packaging material as maybe specified in the order: Provided that until such time as the Standing Advisory Committee is constituted under section 4, theCentral Government shall, before making any order under this sub-section, consider the matters specifiedin sub-section (2) of section 4, and any order so made shall cease to operate at the expiration of threemonths from the date on which the Standing Advisory Committee makes its recommendations. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, beforeeach House of Parliament, while it is in session, for a total period of thirty days which may be comprisedin one session or in two or more successive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agree in making any modificationin the order or both Houses agree that the order should not be made, the order shall thereafter have effectonly in such modified form or be of no effect, as the case may be; so, however, that any such modificationor annulment shall be without prejudice to the validity of anything previously done under that order.

Section 4 Constitution of Standing Advisory Committee.

(1) The Central Government shall, with a viewto determining the commodity or class of commodities or percentages thereof in respect of which jutepackaging material shall be used in their packing, constitute a Standing Advisory Committee consisting ofsuch persons as have, in the opinion of that Government, the necessary expertise to give advice in thematter. (2) The Standing Advisory Committee shall, after considering the following matters, indicate itsrecommendations to the Central Government, namely:-- (a) the existing level of usage of jute material; (b) the quantity of raw jute available; (c) the quantity of jute material available; (d) the protection of interests of persons engaged in the jute industry and in the production of rawjute; (e) the need for continued maintenance of jute industry; (f) the quantity of commodities which, in its opinion, is likely to be required for packing in jutematerial; (g) such other matters as the Standing Advisory Committee may think fit.

Section 5 Prohibition of packing in any material other than the jute packaging material.

Where anorder has been made under section 3 requiring any commodity, class of commodities or any percentagethereof to be packed in jute packaging material for their supply or distribution, such commodity, class ofcommodities or percentage thereof shall not, on and from the date specified in such order, be supplied ordistributed unless the same is packed in accordance with that order: Provided that nothing in this section shall apply to the supply or distribution of any commodity, classof commodities or percentage thereof for a period of three months from the aforesaid date if immediatelybefore that date such commodity, class of commodities or percentage thereof, were being packed in anymaterial other than jute packing material.
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