The Jute Packaging Materials (Compulsory use in Packing Commodities) Rules,1987

REGISTERED NO. D. (D.N.) 127 The Gazette of India EXTRAORDINARY PUBLISHED BY AUTHORITY No. 437] NEW DELHI, WEDNESDAY, AUGUST 26, 1987/BHADRA 4, 1909 Separate Paging is given to this Part in order that it may be filed as a separate compilation (1)843 GI/87 MINISTRY OF TEXTILES New Delhi, the 26th August, 1987 NOTIFICATION G.S.R. 731(R).—In exercise of the powers con- ferred by sub-section (I) of section 17 of the Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987 0 0 of 1987), the Central Government hereby makes the following rules, namely :— 1. Short title and commencement.-— (1) These rules may be called the Jute Packaging Materials (Compulsory Use in Packing Commodities Rules, 1987. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definition.—In these rules, unless the context otherwise requires,— (a) "Aci"' means the Jute Packaging Materials (Compulsory Use in Packing Commodi- ties) Act 1987 (10 of 1987); (b) "Committee*1 means the Standing Advisory Committee constituted under section 4; fc) "Competent authority" means a State Government or any officer or authority subordinate to the Central Government or a State Government as may be specified by the Central Government under section (d) "Form" means a form appended to these rules; (e) "Producer" means the producer or manu- facturer of any commodity; (f) "Sample" means a sample of any jute pack- aging material taken under the provisions of the Act or under these rules; (g) "Section" means a section of the Act; All words' and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act, 3. Establishment and constitution of the Com- mittee.-r<1) The Committee to b>- constituted under sub-section ( l ) of .section..* shall consists of a Chair- man and such other members, not exceeding twenty as may be nominated by the Central Government.' C2) The members of the Committee shall hold office for a term of three years. (3) A causuul vacancy occurring in the office of the Chairman or any other member of the Committee by death, resignation or otherwise shall be filled by fresh nomination and the person nominated to fill that vacancy shall hold office only for the remainder of the term for which the ChairnTan or, as the ease may be, the member whose place He takes, was nominated. (4) The Chairman of the Committee shall preside at its meetings : Provided that when the Chairman is absent or is unable to attend any meeting of the Committee, any other member of the Committee as may be nomi- naied in writing by him for the- purpose shall preside over the meeting of the Committee. (5) The Committee shall meet at such place and at such time as may be determined by the Chairman : Provided that the Committee shall meet at least once a year to review the commodities ox class of commoditics,or percentage thereof, required to be packed in jute packaging material under section 3. 4. Maintenance of register and submission of re- turn.—Every producer, who is required under section 3 to use jute packaging material for packing com- modities shall maintain a register in Form I and submit a return in Form II within fifteen days of the following month to the Competent authority having jurisdiction in respect of the commodity (Commo- dities). 5. Power to call for information and samples.— ()) Every producer, who is required under section 3 to use jute packaging material for packing of com- modities, shall furnish to the Competent authority when so required by an Order or orders issued to him, such information in his possession with respect to any commodity or class of commodities or per- centage thereof which requires such packing in such form and within such period as may be specified in such order or orders. Every such producer shall also furnish samples of jute packaging material for ins- pection at such place or places and wkhin such period as may be specified in the said order or orders. The Competent authority may call for the submission of the return from time to ime by every such producer within the date specified by him. (2) If any producer fails to furnish the return re- ferred to in sub-rule (I) within the specified date or furnishes incorrect or defective return, the Compe- tent authority may serve a notice on the producer calling upon him to produce all or any of his ac- counts relating to commodities produced or manu- factured in and removed from his factory. (3) If the producer, after furnishing a return dis- covers any omission or wrong statement therein, he may with the permission ofthe Competent authority make appropriate changes in the return and resub- mit it any time before he receives the notice under sub-rale (2). 6. Powers of the Competent authority to inspect the records of the producer.—Every producer shall permit the Competent authority to enter at all rea- sonable times, any places, premises or vehicle where any commodity packed in jute packaging material is stored oe kept for supply or distribution, for inspec- tion and collection of information relating thereto and to inspect the books of accounts and records maintained by him, for the purpose of Verifying the correctness of the information or returns furnished by him and securing compliance with the order is- sued under section. 3. 7. Period to be considered for verifying compliance with order issued under section 3.—Where an order has been issued by the Central Government under section 3 requiring any commodity, class of commo- dities or any percentage thereof to be packed in jute packaging material for their supply or distribu- tion, the compliance with that order shall be deter- mined with reference to use of specified percentage of jute packaging material in a period of one calen- dar month. 8. Use of new and unused jute packaging mate- rials.—In any order to be issued under section 3, it shall be competent for the Central Government to indicate that only new and unused jute packaging materials shall be used by the producer. FORM I (See rule 4) Register showing use of jute packaging materials in packing commodities Mouth . _ .19 Name of the producer and location PART-A Quantity in metric tonne Month Stock on the open- ing date of the month Quantity of com- modity produced or manufactured during the month Quantity des- patched for sale/ distribution, i Quantity (out of 4) packed in jute packaging materials % age of des- patches packed in jute (5 as % age of 4) REMARKS PART-B Month Stock of jute Packaging material at the beginning of the month. A- Quantify of jute packag- ing mat- riai receive:; during the month. Quantity of jute packaging material consumed during the month with types of bags and their packing capacity separately Stocks of jute packaging material at the end of the month. Monthly r e tu rn to be submitted in regard to packing of commodities in ju te packaging materials and other types of Packaging materials . N a m e of Commodity—• Return for the month of ——-—> ~— N a m e of the producer— Address of Registered Officc- Addrcss of the factory to which the return relates- 1. Quantity of commodities in stock at the commencement of the month 2. Quantity of commodities produced or manufactured during the month. 3. Quantity of commodities produced or manufactured, but wasted or destroyed. 4- Total quantity available in the month for supply or distribution (Items 14-2—3). 5. Quantity of commodities supplied o r distributed or dispatched during the month; 6. Quantity out of 5 packed in jute packaging materials : 7. Quantity of jute packaging material received during the month." 8. Quantity of jute packaging material consumed during the month with types of bags and their packing capacity separately. 9. Stocks of jute packaging material at the end of the month (items 84-IO—11). 1/Wc declare that I/We have compared the above shown particulars with the records and books of my/our factory kepi foe the purpose and that they arc In so far as I/We can ascertain, accurate and complete. Date: Signature of the producer. pjacc: Name (In Block Letters) Designation 'Address 843 Gl/87 PRINTED BY THE MANAGER, GOVT. OP INDIA PRESS, RING ROAD, NEW DELHI-110064 AND 1'UBIJSHED BY I HE CONTROLLER OF PUBLICATIONS, D1LHI-1 ' 0 0 5 4 . 1987