No: 25 Dated: Mar, 17 1989

THE WEST BENGAL SILKWORM SEED, COCOON AND SILK YARN (REGULATION OF PRODUCTION, SUPPLY, DISTRIBUTION AND SALE) ACT, 1988

West Bengal Act XXV of 1988

    An Act to provide for the regulation of production, supply, distribution and sale of silkworm seed, cocoon and silk yarn in West Bengal.

    Whereas it is expedient to provide for the regulation of production, supply, distribution and sale of silkworm seed, cocoon and silk yarn in West Bengal and for matters connected therewith;

    And whereas previous sanction of the President under the proviso to clause (b) of Article 304 of the Constitution of India has been obtained;

    It is hereby enacted as follows :-

1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1988.

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

(3) It shall come into force on such date as the State Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act.

2. Definitions. - In this Act, unless the context otherwise requires, -

(a) "cocoon" means cocoon produced by mulberry silkworms, either green or stifled, dried or in any other state or condition, but does not include pierced cocoons.

Explanation. - "Pierced cocoon" shall mean a cocoon from which moth has cut out;

(b) "cocoon market" means a market established under section 12 for the sale or purchase of cocoons of all kinds intended for reeling, and includes a cocoon market yard and a cocoon store;

(c) "cross-breed cocoon" means cocoon produced by cross-breeding of two different races of silkworms;

(d) "dupion silk yarn" means silk yarn reeled out of double cocoons;

(e) "Licensing Authority" means the Director of Sericulture, West Bengal, and includes such other officers as the State Government may, by notification, appoint for such areas and for such purposes as may be specified in the notification;

(f) "Licensed Trader" means a person who is licensed to purchase silk yarn in a Silk Exchange;

(g) "notification" means a notification published in the Official Gazette;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "rearer" means a person engaged in rearing of silkworms for the production of silkworm cocoons, whether for reproduction or reeling.

Explanation. - "Rearing" shall include all operations from the incubation of silkworm eggs and brushing of silkworms to the harvesting of cocoons;

(j) "rearer" means a person engaged in rearing of silk-establishment and carrying on the business of reeling cocoons.

Explanation. - (i) "Reeling establishment" shall mean an establishment where silk is reeled from cocoons with the help of any machine or contrivance of any kind worked by power’ or without power;

(ii) "power" means any form of energy which is mechanically transmitted and is not generated by human or animal agency, and includes electrical energy;

(k) "silk exchange" means a silk exchange, established under section 13, and includes a silk store;

(l) "silkworm" means mulberry or tasar silkworm;

(m) "silkworm seed" means silkworm cocoons of all kinds (except crossbreed cocoons) used for preparing seed, and includes moths, eggs and any silkworm of whatever description intended to be used or reared for purposes of reproduction;

(n) "silk yarn" means silk reeled out of cocoons, and includes twisted silk yarn, dupion silk yarn, spun silk yarn and noil silk yarn;

(o) "spun silk yarn" means silk yarn spun from pierced or spoilt cocoons, fluff from cocoons, pieces of silk noils or other silk waste;

(p) "twisted silk yarn" means two or more silk yarns twisted together, and includes wraps;

(q) "twister" means a person in charge of an establishment where twisted silk yarn is produced.

3. Regulation of production etc. of silkworm seed. - No person shall produce, prepare, store, transport, sell or otherwise distribute or dispose of silkworm seed, except under and in accordance with the terms and conditions of a licence granted under this Act.

4. Regulation of rearing. - (1) No person shall, for the production of silkworm cocoons, engage in the rearing of silkworms from silkworm seed other than silkworm seed obtained from a person who holds a licence granted under this Act.

(2) The State Government may, by notification, direct that in any specified area no silkworm other than silkworm of the specified race shall be reared and that such a silkworm shall be reared from silkworm seed obtained from the specified source. On the issue of such notification, no person shall rear in such specified area any other race of silkworm or obtain silk-worm seed from any other source.