Sapphire Act, 1989 (1932 A. D.)
No: 16 Dated: Oct, 12 1989
THE SAPPHIRE ACT, 1989 (1932 A. D.)
(Act No. XVI of Samvat 1989.)
An Act to Prohibit the unlicensed possession of sapphires and other precious stones within the territories of Jammu and Kashmir State.
Whereas it is expedient to prevent theft of precious stones from mines within the State, to prohibit and punish the unlicensed possession thereof and particularly the theft of stones from the Paddar Mines, transport thereof in the State and export [to any place outside the State] by persons not licensed for the purpose;
It is hereby commanded as follows:-
1. Short title, extent and commencement. - (i) The Act may be called the Sapphire Act, 1989.
(ii) It shall extend to the whole of the Jammu and Kashmir State.
(iii) It shall come into operation immediately.
2. Definitions. - In this Act, unless there is something repugnant to the context, the following words shall have the meanings attached to them:-
(a) "precious stone" means corundum sapphire and ruby and includes any other stone which [the Government may by a notification in the Government Gazette declare] to be a precious stone for the purposes of this Act;
(b) "sapphire or ruby" means sapphire or ruby from the Paddar mines or elsewhere within the State territories which is in a crude condition, either as more or less complete crystals, such as appear in the pegmatite matrix, or broken fragments as are obtained from the detritus on the hill side ;
(c) "export" means the taking out of the Jammu and Kashmir State territories to any place outside such territories;
(d) "transport" means the removal from one place to another within the territories of the Jammu and Kashmir State;
(e) "Minster-in-charge" means a [Minister of the Government] for the time being in charge of the Mining and Mineral Survey Department;
(f) "vessel" includes anything for the conveyance of property ;
(g) "Magistrate" means a Magistrate of the first or second class or any official or person specially empowered by [the Government] to try cases under this Act;
(h) "State territory" means the territory of the Jammu and Kashmir State;
(i) "Mineral Survey Officer" means and includes the mining office of the Mineral Survey Department and any other officer of that Department higher in rank or any officer empowered by [the Government] by name or by office to carry out all or any of the purposes of this Act;
(j) "Police Officer" means and includes all officers of the Police Department of and above the rank of a constable;
(k) "Customs and Excise Officer" means and includes every officer of the Department of and above the rank of a jamadar;
(l) "Revenue Officer" means any officer of the Revenue Department of and above the rank of a lambardar;
(m) "Forest Officer" means and includes every office of that Department of and above the rank of a forest guard;
(n) "sapphire offence" means any offence punishable under this Act.
3. Precious stones to be the property of the State. - All sapphires and rubies and all precious stones as defined above found any where within the State territory after three months from the date of the promulgation of this Act shall be deemed to be the property of the State, unless title thereof is vested in any person in accordance with the rules made under this Act.