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THE ORISSA GIFT GOODS (UNLAWFUL POSSESSION) ACT, 1964
THE ORISSA GIFT GOODS (UNLAWFUL POSSESSION) ACT, 1964
ORISSA ACT 13 OF 1964
[Received the assent of the Governor on the 19th November 1964, first published in an extraordinary issue of the Orissa Gazette, dated the 24thNovember 1964]
AN ACT TO PROVIDE FOR PUNISHMENT FOR UNLAWFUL POSSESSION OF GIFT GOODS SUPPLIED BY CERTAIN RELIEF ORGANISATIONS
BE it enacted by the Legislature of the State of Orissa in the Fifteenth Year of the Republic of India, as follows:-
Short title extent and commencement.
1. (1) This Act may be called the Orissa Gift Goods (Unlawful Possession) Act, 1964.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force at once.
Definitions
2. In this Act unless the context otherwise requires:-
(a) ‘gift goods’ means any of the following goods, namely:-
(i) cornmeal;
(ii) milk powder;
(iii) vegetable oil;
Supplied by way of gift, by any relief organisation to any State Government or to the Central Government or to any other person on behalf of such Government;
(b) ‘relief organisation’ means any organisation specified in the Schedule appended to this Act.
Unlawful possession of gift goods to be an offence.
3. Whoever without reasonable cause is in possession of or deals with, any gift goods otherwise than in conformity with the scheme relating to the supply, distribution and custody of such goods shall on conviction, be liable to be punished with imprisonment for a term, which may extend to two years or with fine or with both.
Explanation:- Ignorance of the identity of the goods being gift goods shall not by itself be deemed to be ‘reasonable cause’ for the purposes of this section.
Offences to be cognizable and triable by First Class Magistrate.
4. All offences punishable under section 3 shall be cognizable and no court inferior to that of a Magistrate of the First Class shall try any such offence.
Power to amend the Schedule.
5. The State Government may, by notification, add any organisation to, or omit any organisation from the Schedule; and on the publication of such notification, such organisation shall be deemed to be included in, or as the case may be, omitted from the Schedule.
Notifications to be laid before the Legislature.
6. Every notification issued under this Act shall come into force-with effect from the dateon which it is published and shall, as soon as possible, after it is published, be laid before the legislative Assembly for a total period of fourteen days which may be comprised in one or more sessions and shall be subject to such modifications as the Assembly may make during the said period.
SCHEDULE
[See Section 2 (b)]
1. United Nations Children’s Fund (UNICEF)
2. Co-operative for American Relief Everywhere (CARE)
3. Church World Service
4. Lutheran World Relief
5. Catholic Relief Service
