Tamil Nadu Gift Goods (Unlawful Possession) Act, 1961
(Tamil Nadu Act 49 of 1961)
LEGISLATIVE HISTORY 6
Object & Reasons6
|Statement of Objects and Reasons - Tamil Nadu Gift Goods (Unlawful Possession) Act, 1961 (Tamil Nadu Act 49 of l961). - Various organizations like the CARE, UNICEF, etc., have been supplying milk powder and other commodities as gift for distribution to school children, Maternity and Child Welfare Centres, Hospitals, etc. Recently, the CARE organisation has agreed to supply 31 million pounds of milk powder, rice, caramel and vegetable cooking oil for the school midday meals scheme in this State. In the interests of a full and effective prevention of unauthorised sale and possession of these articles, it has become necessary to make such possession a criminal offence. The Bill is intended to give effect to the above object. Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 15th November 1961.|
[(1) "gift goods" means any of the following goods when 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, namely:-
(a) corn meal;
(b) milk powder;
(c) vegetable oil (soya bean oil or sunflower seed oil);
(d) any other goods which the State Government may, by notification, from time to time, specify;]
(2) "relief organisation" means any organisation specified in the Schedule appended to this Act.3. Unlawful possession of gift goods. - If any person is found, or is proved to have been in possession of any gift goods reasonably suspected of being stolen or unlawfully obtained, and cannot account satisfactorily how he came by the same, he shall be punished with imprisonment/for a term which may extend to two years, or with fine, or with both. 4. Offences under the Act to be cognizable. - (1) Notwithstanding anything contained in the [Code of Criminal Procedure, 1889] (Central Act V of 1889), any offence under this Act shall be deemed to be a cognizable offence within the meaning of that Code. (2) No Court below that of a Presidency Magistrate or of a Magistrate of the First Class shall try any offence under this Act.
Notes. - According to clauses (a) and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), any reference to a Magistrate of the first class shall be construed as a reference to a Judicial Magistrate of the first class and any reference to a Presidency Magistrate shall be construed as a reference to a Metropolitan Magistrate with effect on and form the 1st April 1974.5. Power to amend Schedule. - The State Government may, by notification, add any organisation, 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. 6. Notifications to be placed before the Legislature. - (a) Every notification issued under this Act shall come into force on the day on which it is published.
(b) Every notification issued under this Act shall, as soon as possible, after it is issued, be placed on the table of [the Legislative Assembly] and if before the expiry of the session in which it is so placed, or the next session, [the Legislative Assembly agrees] in making any modification in any such notification [the Legislative Assembly agrees] that the notification should not be issued, the notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.
[See section 2(2)]
2. Co-operative for American Relief Everywhere (CARE).
3. Church World Service.
4. Lutheran World Relief.
5. Catholic Relief Service.