Jammu and Kashmir Namdha Quality Control Act, 2010 (1953 A.D.)
No: 6 Dated: May, 15 2010
THE JAMMU AND KASHMIR NAMDHA QUALITY CONTROL ACT, 2010 (1953 A.D.)
(Act No. VI of Samvat 2010)
An Act to improve the trade and quality of Namdha in the Jammu and Kashmir State and to make certain regulations for the same.
Where it is expedient to improve the trade and quality of Namdhas in the Jammu and Kashmir State and to make certain regulations for the same ;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Namdha Quality Control Act, 2010.
(2) It shall extend to the whole of Jammu and Kashmir State.
(3) It shall come into force from such date as the Government may, by notification in the Government Gazette, appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(a) "the Board" means Quality Control Board to be constituted under section 7 of this Act ;
(b) "competent authority" means an officer who shall be declared as such by the Jammu and Kashmir Government in consultation with the Board ;
(bb) "dealer" means a person carrying on the business of selling or exporting Namdhas, whole -sale or in retail, and includes his agent or an employee selling or exporting Namdhas on his behalf ;
(c) "export" means export to any place in India outside the State or to any foreign country ;
(d) "exporter" means a person who applies for a certificate of quality for the Namdhas proposed to be exported ;
(e) "manufacturer" means a person who has a bona-fide established Karkhana in the Jammu and Kashmir State for getting Namdhas made and inspecting and packing them, who either manufactures in his own premises or gets them manufactured by others under his instructions and/or contract ;
(f) "mark" means an exclusive identifying mark as representing the goods of a particular manufacturer ;
(g) "Namdha" means a hand felted rug made of wool and cotton or allwool, plain or chain-stitch embroidered in different designs. It may be of any size, provided the size is specified ;
(h) "prescribed" means prescribed by rules made under this Act.
3. Registration of manufacturers. - (1) Every manufacturer shall, before the expiration of two months from the date of commencement of this Act, apply to the competent authority to be registered as a manufacturer. The application shall be made in the prescribed form and shall be accompanied by the prescribed fee.
(2) A registration once made shall be renewable from year to year on payment of the prescribed annual fee.
3A. Registration of dealers. -(1) Every dealer shall, within two months from the commencement of the Jammu and Kashmir Namdha Quality Control (Amendment) Act, 1963, or from the commencement of his business, as the case may be, apply to the competent authority to be registered as a dealer. The application shall be made in the prescribed form and shall be accompanied by the prescribed fee.
(2) A registration once made shall be renewable from year to year on payment of the prescribed annual fee.
4. Allotment of marks. - As soon as may be after registration is effected, every registered manufacturer shall be allotted by the competent authority a mark which shall be stamped on a Namdha manufactured by him.
5. Constitution of Board. - (1) As soon as may be after the commencement of this Act, the Government shall, by notification in the Government Gazette, constitute for the purpose of this Act a Board to be called the Namdha Quality Control Board.
(2) The Board shall consist of five members, three official and two nonofficial, to be nominated by the Government. Non-official members shall be appointed from among the panel of names to be submitted by the Namdha Traders Association and Namdha Manufacturers Association, Srinagar. One of the members shall be nominated by the Government as Chairman of the Board. The term of non-official members shall not exceed two years.