Kerala Lime Shells (Control)Act

67 

ACT 18 OF 1953 

THE KERALA LIME SHELLS (CONTROL) ACT, 1957 

An Act to provide for the control of the acquisition, sale, 

supply and distribgion of lime-shells in the State of Kerala, 
Preamble. WHEREAS 1+ is expedient to provide for the control 

of the acquisition, sale, supply and distribution of limeshells in the State 
of Kerala, 

BE 1t enacted in the Ninth Year of the Republic of India as follows:- 

1. Short title, extent and commencement,--(1) This Act may be 

called the Kerala Lime-shells (Control) Act, 1958. 

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

(3! This section shall come into force at once, and the Govern- 

ment may, from time to time, by notification in the Gazette, direct that 

the rest of this Act shall come into force im the whole or any portion of the 
State with effect from such date as may be specified in the notification 

2. Definttions.—(1) In this Act, unless the context otherwise 
requires. — 

(a) “dealer” means a person carrying on, either personally or 
through any other person the busimess of selling lime shells, whether 
wholgsale or retail, 

(b) ‘Licensing Authority” means an officer appomted by the 
Government to perform the functions of a Lieensmg Authority under 
this Act, 

(c) ‘‘Lime-shells” means the shells of all varieties of shellfish 
by whatever name called, 

(d) ‘‘offer for sale’ includes an intimation by a dealer or pro- 
ducer of the price proposed by him for a sale of lime-shells made by the 
publication of a price list, by exposing his lime-shells for sale in associa- 
tion with a mark indicating price, by the furnishing of a quotation or 

otherwise howsoever, 

(e) ‘prescribed’ means prescribed by rules made under this Act, 

(f) “producer” means as person carrying on the business of 
collecting lime-shells and stocking the same for sale. 

(2) A dealer or producer shall be deemed to be in possession of 
lime-shells.- . 

(2) when they are held on his behalf by another person; 
(b) notwithstanding that they are mortgaged to another person. 

3. Licensing of dealers and producers.— (1) No person other than 

a dealer or producer heensed under this section, shall carry on the 
business of selling lime-shells or of collecting lme-shells and stocking 
the same for sale. 
  

Published in the Gazette Extraordinary dated 26th March1958 = = -  



68 

(2) Every person, who carries on or wishes to carry on, the 
business of selling lime-shells or of collecting lime-shells and stocking the 

same for sale, shall make an application in the prescribed form for a 

licence to the Licensing Authority. 

(3) The Licensing Authority may grant a licence in such form 
and subject to such terms and conditions as may be preseribed, or may 
refuse to grant a heence, in which case he shall communicate his reasons 
for such refusal to the appleant. 

(4) The Licensing Authority may, at any time during the 
currency of a licence, rescind the licence by order mm writing to the 

licence holder, for a*breach of any of the terms and conditions of the 
licence. * 

(5) Any person aggrieved by an order of the Licensing Authority 
under sub section (3) or sab sectiorr (4) may appeal to such authority, 
and within such time, and in such form, as may be prescribed, the 
appeal shall be heaid by the prescribed authority m such manner as 
may be presemibed, and the decision of that authority on the appeal 
shall be final. 

4 Fixing of maximum prices and maximum quantities which may be 

held or sold.-(1) The Government may, by notification in the Gazette, 
fiix mm 1espect of lnme-shells— 

(a) the maxunum price or rate which may be charged by a 

dealer or producer, 

(b) the maximum quantity which may at any one time be 
possessed by a dealer or producer, 

(ec) the maximum quantity which may in any one transaction 

be sold to any one person, 

(2) The prices or rates andthe quantities fixed im respect of 
*lume-shelis under this section may be different m different localities or 

for differnt classes of dealers or producers. 

5. Restrictions on sale, elc., where maximum is fixed under sectcion 4.— 
No dealer or producer lieensed under this Act shall— 

(a) sell, agree to sell, offer for sale og otherwise dispose of lime- 

shells for a price or at a rate exceeding the maxunura fixed by notifica- 

tion under clause (a) of sub-section (1) of section 4, 

(b) have m his possession at any one time a quantity of hme- 

shells exceedmg the maatinum fixed by notificaiiwn uader clause (b) of 

sub-section (1) of section 4, or : 

(c) sell, agree to sell or offer forsale to any person in any one 

tiansaction a quantity of lme-shells exceeding the maximum fixed by 
notification under clause (c) of sub-section (1) of section 4



  

69 

6. Duly to declare possission of excess stocks —Any dealer or 
producer licensed nnder this Act, having m his possession a quantity of 

lime-shells exceeding that permitted under this Act, shall forthwith 
report the fact to the Licensing Authority and shall take such action 

as to the storage, distribution or disposal of the excess quantity as the 

Licensing Authority mey direct, 

7. Refusal to sell,—No dealer or producer licensed under this Act 
shall, unless perviously authorised to do so by the Licensing Authority, 

refuse, without sufficient cause, to sell to anv person lime-shells within 

the limits as to quantity, if any, imposed under this Act 

Explanation.—The possibility or expectation of obtaining a bigher 
price for lime-shells at a later date shall nob be deemed to be a suffitient 
cause for the purposes of this section. 

8. Cash memorandum to be given.—(1) Every dealer or producer 
licensed under this Act, when selling lime-shells for cash shall, if the 
amount of the purchase 1s five rupees or more. in all cases, and if the 
amount of the purchase is less than five rupees, when so required by the 
purchaser, give to the purchaser a cash memorandum containmg such 
particulars of the transaction as may be preseribed. 

(2) The Government may, by notification m the Guzette, exempt 
specified areas or classes of dealers or producers licensed under this Act 
from the operation of this section 

9. Prohibition of sale, ete —If. in the opmion of the Government, 
it is necessary or expedient soto do, they may by order in writing— 

(a) prohibit the disposal of lrme-shells except m such cirenm- 

stances and under such conditions as may be specified in the order 

(b) direct the sale of lme-shells to any such dealer or class of 
dealers licensed under this Act and in such quantities as may be specifi- 
ed in the order, 

and may make such further orders as appear to them to be necessary 
or expedient in connection with any order issued under this section. 

10, Penaltses —(1) Whoever contravenes any of the provisions of 
this Act or any of the terms and conditions ofa licence issued under 

this Act or any directions made under authority conferred by this Act, 

shal) be punishable with mprisonment for a term with may extend to six 
months, or with fine, or with both. 

(2) A-court convicting any person of any offence punishable 
under this Act may order that the stock of lime-shells in respect of 
which the offence was committed and any property involved im or _utilis- 
ed for the commission of such offence shall be forfeited to the Govern- 

ent, 

— 

 



70 

11. Offencess by companies—(1) If the person contravenmng 

the provisions of this Act 1s a company, every person, who, at the 

time the contravention was committed was in charge of and was 
responsible to the company for the conduct of the business of the 

company as wellas the company, shall be deemed to be guilty of the 
contravention and shall be lable to be proceeded against and punished 

accordingly: 
Provided that nothing contained in this sub-section shall render 

any such person liable to any punishment if he proves that the con- 
travention took place without his knowledge or that he exercised all 
due diligence to prevent such contravention. 

(2) Notwithstandidg anything contamed in sub-sectson (1), 
where an offence under this Act has been committed by a company and 
it 13 proved that the offence has been committed with the consent or 

connivance of, oris attributable to any neglect on the part of any 
ditector, manager, secretary or other officer of the company, such 

director, manager, secretary or other officer shall also be deemed to be 

guilty of that offence and shall be lable to be proceeded against and 
punished accordingly. 

Explanation.—For the purposes of this section— 

(a) “company” means any body corporate, and mcludes a firm 

or other association of individdals, and 

(5) ‘director’, in relation to a firm, means 4 partner im the firm 

12 Offences under the Act to be cognisable—— Notwith standing 
anything contained in the Code of Criminal Procedure, 1898 (Central 
Act V of 1898) all offences under this Act shall be cognisable.. 

13. Procedure.—No person other than a police officer of or above 
the rank of an Inspector of Police shall mvestigate any offence under 

this Act. 
. 14.Powers of search and seizure—Any person competent to investigate 

any offence under this Act may search any place in which he has reason 
to beheve that an offence under this Act has been, or 1s being, or 13 

about to be, committed and take possession of any stock of lime-shells 
in respect of which the offence has been, or is being, or 1s about to be, 

committed and any property involved in or utilised for the commussion 
of such offence 

15. Protection of action taken in good fasth—No Suit, prose- 
eution or other legal proceedings shall he against any person for anyth- 
ing which 1s in good faith done or mtended to be done under this Act. 

16. Exemptions.—(1) The provisions ot this Act shall not apply 

to the collection, stocking or selling of lime-shellx by any person as 

curios or for making ornaments. 

(2) Subject to such conditions and restrictions as the Govern- 

ment may think fit to impose, they may, by general or special order



  

71 

notified in the Gazette, exempt from allor any of the provisions of 
this Act, any person or class of persons who.— 

(i) collect lime-shell and stock them for conversion into lime 

for use as an ingredient in chewing matenal, or 

(ii) collect and sell hme-shells for the edible content thereof. 

17. Power to make rules.—(1) The Government may make rules 
to carry out the purposes of this Act 

(2) In particular and without prejudice to the generality of the 

foregoing power such rules may provide for all or any of the following 

matters, namely: — 

(a) all matters expressly 1equired or allowed by this Act to be 

prescribed, 

(b) the charging of fees for lic2nses issued under this Act, 

(c) the maintenance by licensed dealers and producers generally 

or by any hensed dealer and producer in particular, of records of all 

sale and purchase transactions or disposals made by him, and the 

production of such records to the Licensing Authority. 

(d) the furmshimg of such information as may be required by 

the Licensing Authority with respect to the business carried on by any 

dealer or producer, 

(e) the furnishing of returns to the Licensing Authority by 

licensed dealers and producers and the particulars which such returns 

shall contain. 

(3) All rules made under this Act shall be published in the 

Gazette. 

18. Repeal.—The Travancore-Cochin Lime-shells (Control) Act, 

1956. 18 hereby repealed. 

  /)