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The Madras Silkworm Seed (Production, Supply and Distribution) Act, 1956 (Madras Act XXIII of 1956). The first mentioned Act was not given effect to in view of the subsequent passing of the Silkworm Seed (Control of Distribution) Act, 1952. The third mentioned Madras Act of the Madras Government which is on the lines of the Mysore Silkworm Diseases Control Act, 1943 was not given effect to by the Government of Madras. Consequent on the reorganisation of the State, it has become necessary to evolve a common law applicable to the whole of the reorganised State of Mysore. It is, therefore, proposed to repeal the above said Acts, and to enact a uniform law, applicable to the entire State. Hence this Bill called the Mysore Silkworm Seed (Production, Supply and Distribution) Bill, 1958. The Bill provides, among other things, for the licensing of production of silkworm seeds, regulation of rearing, possession, disposal, sale or purchase of silkworms and silkworm cocoons, licensing of reeling establishments and control of cocoon markets. (Published in Karnataka Gazette (Extraordinary) Part IV-2A, dated 5th November 1958 as No. 157.) II Amending Act 29 of 1969.—In order to regulate more effectively the production, supply and distribution of silkworm cocoons it is considered necessary to make provision for— (i) the licensing of rearers; (ii) prohibiting the sale or purchase of silkworm cocoons except in the cocoon markets established under the Act; (iii) enhance penalties for certain offences; and (iv) other incidental matters. Hence this Bill. (Published in Karnataka Gazette (Extraordinary) Part IV-2A, dated 1st September 1969 as No. 429 at page. 6.) III Amending Act 33 of 1979.—Since there are complaints from the sellers of the silk yarn in the State about the malpractices by the traders it is considered necessary to protect the interest of the reelers by providing for the establishment of silk exchanges in the State and for the regulation of the sale and purchase of silk yarn in the silk exchanges by amending the Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Act, 1959. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 1st June 1979 as No. 538 at page. 8.) IV Amending Act 12 of 1980.—It was represented by some of the twisters that the provisions of Section 8A of the Karnataka Silkworm Seed Cocoon (Regulation, Production, Supply and Distribution) Act will cause hardship to them as they are required to bring the twisted silk yarn again to the Silk Exchange for sale. However, in the case of a trader in Silk yarn he need not bring the silk yarn to the Silk Exchange after it is twisted for sale. According to 8A it is only the 3 twisters who purchase the silk yarn from the silk exchange for the purpose of twisting who have to bring the same again for sale to the silk Exchange after it is twisted. Therefore, it is proposed to amend section 8A to exclude the twister from bringing the silk yarn twisted again to the Silk Exchange for sale. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 3rd March 1980 as No. 163 at page. 4.) V Amending Act of 6 of 1981.—The Karnataka Silkworms, Seed, Cocoon and Silk yarn (Regulation of production, Supply, Distribution and Sale) Act 1959, as amended from time to time, regulation, inter-alia, the sale and purchase of silk yarn produced in the State and provides for the levy of a market fee on the sale and purchase of silk yarn in the silk exchange. In accordance with section 18(2) (ha) market fee is payable by reelers, the reelers who are also twisters and ‘traders’. It has been contended in some cases before the court that the word ‘trader’ used in section 18(2) (ha) of the Act gives an impression that only traders who buy silk yarn for the purpose of selling are liable for the payment of the market fee and the twisters and the weavers who are also licensed for purchase of silk yarn in the silk exchange are exempt from the payment of fees. It is considered necessary to clarify the matter by substituting the word ‘trader’ used in section 18(2) (ha) by the word “licensed trader”. Section 18(2) (ha) provides for the levy of market fee in the silk exchange. It is considered necessary to make a specific provision prescribing the authority empowered to levy and collect the fees. Section 18(2) (ha) empowers the Government to make rules regarding the levy of the market fee and to prescribe the rate of fee subject to the maximum indicated. Rule 17 I of the rules prescribed the levy of fees. The High Court of Karnataka while disposing the writ petitions filed challenging the constitution validity of the Karnataka silkworm seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959 upheld the validity of the Act but the Court struck down rule 17 I as ultravires section 18(2) (ha). Consequently, a new rule was framed and was brought into effect from 8th December, 1980. It is considered necessary to validate the collection of market fee during the period the struck down rules was in force by giving retrospective effect to the new rule 17 I. Hence the Bill. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 28th March 1981 as No. 214 at page. 4 & 5.) VI Amending Act 20 of 1984.—Under section 12 of the Karnataka Silk Worm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959, the Director of Sericulture is vested with powers to impose penalty on persons who have contravened the provisions of sections 3, 7, 8 and 8A of the said Act. The Act does not provide for the mode of recovery of such penalty from such persons. It is proposed to provide for the recovery of penalty and other amount due as arrears of Land Revenue. It is also considered necessary to take power to make rules with retrospective effect. Hence the Bill. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 6th February 1984 as No. 105 at page 3.) 4 VII Amending Act 30 of 1994.—It is considered necessary to amend the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959,— (i) to provide for regulation of possession of silkyarn even in respect of a dyer: (ii) to authorise private institutions or organisations to takeup research in, and development of silkworm races etc., (iii) to enhance the fine (iv) to enhance the penalty Certain consequential amendments are also made. Hence the Bill. (Obtained from LA Bill No. 5 of 1994.) VIII Amending Act 12 of 1997.—It was considered necessary to amend the Karnataka Silkworm Seed Cocoon and Silkyarn (Regulation of Production Supply Distribution and Sale) Act, 1959,— (i) to include the definition of licenced dealer to bring licenced dealers within the scope of the Act; (ii) to require licenced dealers to furnish a declaration of the quantity of Silkyarn possessed by them in excess of the prescribed quantity. (iii) to make it compulsory to licenced dealer to sell or agree to sell the Silkyarn purchased or brought from outside the State only in the Silk exchange; (iv) to enhance the penalty imposable under section 12, 12B and 13. As the matter was urgent and the Karnataka Legislative Assembly was not in session the Karnataka Silkworm Seed. Cocoon and Silkyarn (Regulation of Production, Supply, Distribution and Sale) (Amendment) Ordinance, 1996 (Karnataka Ordinance No. 1 of 1997) was promulgated. This Bill seeks to replace the said Ordinance. Hence this Bill. (Obtained from file DPAL 1 Shasana 97.) IX Amending Act 22 of 2000.- Note: By this Act certain spent and obsolete laws were repealed and certain minor consequential amendments was made to Act 5 of 1960 and few other laws. 5 1[KARNATAKA]1 ACT No. 5 OF 1960 (First published in the 1[Karnataka Gazette]1 on the Twenty-fifth day of February, 1960.) THE 1[KARNATAKA]1 SILKWORM SEED, 2[COCOON AND SILK YARN]2 (REGULATION OF PRODUCTION, SUPPLY, 2[DISTRIBUTION AND SALE]2) ACT, 1959 (Received the assent of the President on the Twelfth-day of February, 1960.) (As Amended by Karnataka Acts 29 of 1969, 33 of 1979, 12 of 1980, 6 of 1981, 20 of 1984, 30 of 1994, 12 of 1997 and 22 of 2000.) An Act to consolidate the laws providing for the regulation of the production, supply 2[distribution and sale]2 of silkworm seed 2[cocoon and silk yarn]2 in the 1[State of Karnataka]1 WHEREAS it is expedient to consolidate the laws providing for the regulation of the production, supply, 2[distribution and sale]2 of silkworm seed 2[cocoon and silk yarn]2 in the 1[State of Karnataka]1; BE it enacted by the 3[Karnataka]3 State Legislature in the Tenth Year of the Republic of India as follows:—