No: -- Dated: Aug, 14 1967

THE KASHMIR SILK PROTECTION ACT, 1964 (1907 A.D.)

Whereas it is expedient to make law forbidding the unauthorised sale and keeping in possession of silk cocoons and silk worms and the retention and keeping in possession of all kinds of Kashmir Silk, the following Act, is hereby issued :––

1.Title and extent.–– This Act shall be called the Kashmir Silk Protection Act, 1964, and shall extend to the whole of the Jammu and Kashmir State territory.

2. Interpretation clause.–– The words (i) silk worm rearers, (ii) silk worm egg, (iii) silk cocoon and raw Kashmir silk shall have the same meaning as those which are generally assigned to them in the Jammu and Kashmir State.

Explanation.––Raw silk includes “Gudar”.

3. Penalty for unauthorised selling etc. of silk cocoons.– If any silk worm rearer appointed by the Kashmir Sericulture Department, at the instance of the Director Sericulture or the persons appointed by the Director in this behalf, sells to any person or uses in any other manner the silk cocoon reared by him which is in his possession, or the seeds of such silk entrusted to him for the purpose of rearing or if any person deliberately neglects to return on demand such seed in his possession to the said Director or to persons appointed by the Director in this behalf, he shall, on being convicted, be punished with imprisonment of either description which may extend to three years or with fine or with both.

4. Unauthorised possession of silkcacoons an offence under section 411 Ranbir Penal Code.– If any person receives the silk cocoons from any silk worm rearer without the permission of the Director, or is found to be in possession of the silk cocoons or silk seeds without the permission of the Director or of the person appointed by him in this behalf, he shall be presumed to have received that stolen property knowing and believing it to be as such and may be prosecuted under section 411, Ranbir Penal Code.

5. Penalty for unauthorised selling or possession of silk manufactured from such cacoons.– If any person acquires such raw silk manufactured from those cocoons which are reared by the Kashmir Sericulture Department without the sanction of the Director or of the persons empowered by him in this behalf, or is found to be in possession of such silk, he shall, on conviction, be punished with imprisonment of either description which may extend to three years, or with fine or with both.

6. Trial of offences under Criminal Law.– All offences in contravention of this Act shall be tried in the Criminal Courts in accordance with the Criminal Law and Practice in force in the State.

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