THE KERALA GIFT GOODS (UNLAWFUL POSSESSION) ACT, 1963 ¹

(ACT 6 OF 1963)

An Act to provide for the punishment of the offence of unlawful possession of gift goods supplied by certain relief organizations.

Preamble .-WHEREAS it is expedient to provide for the punishment of the offence of lawful possession of gift goods supplied by certain relief organizations;

BE it enacted in the Thirteenth Year of the Republic of India as follows:-

1.Short title, extent and commencement.- (1)  This Act may be called the Kerala Gift Goods (unlawful Possession) Act, 1963.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once.

2.Definitions.--In this Act, unless the context otherwise requires-.

²["(1) "gift goods" means any of the goods specified in Schedule I, supplied, by way of gift, by any relief organization to any State Government or to the Central Government or to any other person on behalf of such Government;"];

(2) "relief organization" means any organization specified in the ³["Schedule II"]

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 congnizable.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) 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 Magistrate of the First Class shall try any offence under this Act.

⁴[5.  Power to amend Schedule.-the Government may, by notification in the Gazette, amend Schedule I by adding the name of any goods in, or omitting the name of any goods from, the said Schedule and thereupon that Schedule shall be deemed to be amended accordingly.

The Government may, by notification in the Gazette, amend Schedule II by adding the name of any organization in, or omitting the name of any organization from, the said Schedule and thereupon that Schedule shall be deemed to be amended accordingly."].

5.Notification to be placed before the Legislative Assembly.-Every notification issued under this Act shall be laid, as soon as may be, after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before  the expiry of the session in which it is so laid, or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, the notification shall thereafter have effect only in such modified from 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.

⁵[" Schedule I
[See section 2 (1) ]

1. Milk Powder
2. Butter
3. Butter Oil
4. Ghee
5. Rolled Wheat
6. Bulgur Wheat
7. Cheese
8. Wheat Flour
9. Cornmeal
10. Beans
11. Hydrogenated Oil
12. Soyabean Oil
13. Cotton Seed Oil
14. Sunflower Oil
15. Benzyl Benzonate Emulsion
16. Penicillin
17. Triasyn 'B' Tablets
18. Ferrous Sulphate Tablets
19. Sulphagunadine Tablets
20. Trisulfonamide Tablets
21. Calcium Lactate Tablets
22. Vitamin A & D Capsules
23. Piperazine Citrate Tablets
24. Chlortetracycline Ointment."].

 

THE SCHEDULE [II]⁶

[See section 2 (2)]

1. United Nations International Children Emergency Fund (UNICEF).
2. Co-operative for American Relief Everywhere (CARE),
3. Church World Service.
4. Lutheren World Relief.
5. Catholic Relief Service.