THE SAPPHIRE ACT, 1989 (1932 A. D.)

SAPPHIRE ACT, 1989

(Act  No.  XVI of  Svt. 1989)





THE SAPPHIRE ACT, 1989 (1932 A. D.)

(Act No. XVI of Samvat 1989)

CONTENTS

Preamble.

SECTION.
1. Short title, extent and commencement.

2. Definitions.

3. Precious stones to be the property of the State.

4. Prohibition as to keeping or retaining in possession buying or selling sapphire
or ruby within the State after three months from promulgation of this Act.

5. Penalty.

6. Offences congnizable and non-bailable.

7. Officers authorised to  prevent commission of offences.

8. Officers authoriscd to seize sapphire or ruby or detain search or arrest
suspected person when offence committed.

9. Application of Code of Criminal Procedure.

10. Report to Magistrate of  seizure of property.

11. Duty of Magistrate.

12. Confiscation of seized sapphires, rubies, weapons, materials, tools, etc.

13. Penalty for vexatious or unreasonable seizure, detention etc.

14. Person in possession of sapphire or ruby within the State at the
commencement of this Act to make over such sapphire or ruby to an
authorised officer, entitled to 30 per cent of the value.

15. Value to be determined by Minister-in-charge.

16. Sapphire or ruby to be deemed  illicit if not produced as required by section 14.

17. Reward to informer.

18. Report of Mineral Survey  Officer to be used as evidence.

19. Application of the provision of this Act to any other mineral.

20. Rule making power.

SAPPHIRE ACT, 1989 461

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THE SAPPHIRE ACT, 1989 (1932 A. D.)

(Act No. XVI of Samvat 1989)

[Sanctioned by His Highness the Maharaja Bahadur vide Development
Department Notification No. 2 dated 10th October, 1932 and published in
Government Gazette dated 12th Katik, 1989.]

An Act to Prohibit the unlicensed possession of sapphires and other
precious stones within the territories of *[Jammu and Kashmir State].

Whereas it is expedient to prevent theft of precious stones from mines
within the 1[Union territory of Jammu and Kashmir], to prohibit and punish
the unlicensed possession thereof and particularly the theft of stones from
the Paddar Mines, transport thereof in the 1[Union territory of Jammu and
Kashmir] and export 2[to any place outside the 1[Union territory of Jammu
and Kashmir]] by persons not licensed for the purpose ; It is hereby
commanded as follows :—

1. Short title, extent and commencement. —(i) The Act may be called
the Sapphire Act, 1989.

(ii) It shall extend to the 3[whole of the Union territory of Jammu and
Kashmir].

(iii) It shall come into operation immediately.

2. Definitions.— In this Act, unless there is something repugnant to the
context, the following words shall have the meanings attached to them :––

(a) “precious stone” means corundum sapphire and ruby and includes
any other stone which 4[the Government may by a notification in the
5[Government Gazette] declare] to be a precious stone for the purposes of
this Act ;

(b) “sapphire or ruby” means sapphire or ruby from the Paddar mines
or elsewhere within the 6[territory of Jammu and Kashmir] which is in a

* Now Union territory of Jammu and Kashmir.
1. Substituted for “State” by S.O. 1229(E) dated 31.03.2020.
2. Substituted by A.I.O. 2008 for “in the British territory”.
3. Substituted by S.O. 1229(E) dated 31.03.2020 for “whole of the Jammu and Kashmir State”.
4. Substituted by Act X of Samvat 1996 for the words “may by command of His Highness the

Maharaja Bahadur and by notification in the Jammu and Kashmir Government Gazette be
declared”.

5. Now Official Gazette.
6. Substituted for “State territories” by S.O. 1229(E) dated 31.03.2020.

SAPPHIRE ACT, 1989 463



464 SAPPHIRE ACT, 1989

crude condition, either as more or less complete crystals, such as appear in
the pegmatite matrix, or broken fragments as are obtained from the detritus
on the hill side ;

(c) “export” means the taking out of the 1[Jammu and Kashmir State]
territories] to any place outside such territories ;

(d) “transport” means the removal from one place to another within
the territories of the 1[Jammu and Kashmir State] ;

(e) “Minster-in-charge” means a 2[Minister of the Government] for
the time being in charge of the Mining and Mineral Survey Department ;

(f) “vessel” includes anything for the conveyance of property ;

(g) “Magistrate“ means a Magistrate of the first or second class or
any official or person specially empowered by 3[the Government] to try cases
under this Act ;

(h) “State territory” means the territory of the 4[Union territory of
Jammu and Kashmir] ;

(i) “Mineral Survey Officer” means and includes the mining office of
the Mineral Survey Department and any other officer of that Department
higher in rank or any officer empowered by 3[the Government] by name or
by office to carry out all or any of the purposes of this Act ;

(j) “Police Officer” means and includes all officers of the Police
Department of and above the rank of a constable ;

(k) “Customs and Excise Officer” means and includes every officer
of the Department of and above the rank of a jamadar ;

(l) “Revenue Officer” means any officer of the Revenue Department
of and above the rank of a lambardar ;

(m) “Forest Officer” means and includes every office of that
Department of and above the rank of a forest guard;

1. Now Union territory of Jammu and Kashmir.
2. Substituted by Act X of Samvat 2010 for “Minister of His Highness Government”.
3. In sections 2, 8 and 19 the words “the Government” substituted for words “His Highness the

Maharaja Bahadur” by Act X of Samvat 1996.
4. Substituted for “Jammu and Kashmir State” by S.O. 1229(E) dated 31.03.2020.



SAPPHIRE ACT, 1989 465

(n) “sapphire offence” means any offence punishable under this Act.

3. Precious stones to be the property of the State.— All sapphires and
rubies and all precious stones as defined above found any where within the
State territory after three months from the date of the promulgation of this
Act shall be deemed to be the property of the 1[Union territory of Jammu
and Kashmir], unless title thereof is vested in any person in accordance with
the rules made under this Act.

4. Prohibition as to keeping or retaining in possession buying or selling
sapphire or ruby within the State after three months from promulgation of
this Act.— Except as permitted by the Minister-in-charge or under any rules
promulgated under this Act, no one shall have, keep or retain in his
possession or custody any sapphire or ruby within the State territory after
three months from the promulgation of this Act, or buy or sell or be otherwise
a party to the transfer of any sapphire or ruby or a precious stone as defined
above or transport it or dig, cut or dress it.

5. Penalty.— Whoever, does any of the acts prohibited by section 4
above shall, on conviction by a 2[Judicial Magistrate] be punishable with
imprisonment of either description which may extend to two years or fine
which may extend to Rs. 5000, or both.

6. Offences congnizable and non-bailable.— All offences under this
Act shall be cognizable and non-bailable.

7. Officers authorised to  prevent commission of offences.— Every
Mineral Survey Officer, Forest Officer, Police Officer, Customs and Excise
Officer and Revenue Officer shall prevent, and may interfere for the purpose
of preventing, the commission of any sapphire offence under this Act.

8. Officers authorised to seize sapphire or ruby or detain search or
arrest suspected person when offence committed.— When there is reason to
believe that an offence under this Act has been committed, any Mineral
Survey Officer or any Forest Officer above the rank of Ranger or any Police
Officer not below the rank of Sub-Inspector or any Officer of the Revenue
Department not below the rank of Naib-Tehsildar, or any other officer
specially authorised by 3[the Government] in this behalf may without an
order from a Magistrate and without a warrant—

1. Substituted for “State” by S.O. 1229(E) dated 31.03.2020.
2. Substituted by Act XL of 1966 for “Magistrate”.
3. See footnote under section 2.



466 SAPPHIRE ACT, 1989

(a) seize any sapphire or ruby with respect to which offence under
this Act is alleged to have been committed, together with all
weapons, materials, tools, boats, carts and cattle believed or
alleged to have been used in committing such offence ;

(b) detain, search or arrest any person against whom a reasonable
suspicion exists of his being concerned in any offence under this
Act :

Provided that every officer making any arrest under this section shall
without any unnecessary delay, take or send the person arrested to the
nearest Magistrate 1[x x x x] or to the officer in charge of the nearest police
station ;

(c) detain and search in any open place any cart, car, pack-animal or
other conveyance which he has reason to believe to be used for
carrying sapphire or ruby in respect of which an offence under
this Act has been committed ; and

(d) under a warrant issued by a Magistrate to him by name or by
virtue of his office enter and search any building, vessel or place
in which he has reason to believe sapphire or ruby to be unlawfully
kept or concealed and, in case of resistance, to break open any
door or remove any obstacle to such entry.

9. Application of Code of Criminal Procedure.— All warrants issued
and all searches made under section 8 shall be executed or made in
accordance with the provisions of the 2[Code of Criminal Procedure, 1973
(2 of 1974)] in force within the 3[Union territory of Jammu and Kashmir].

10. Report to Magistrate of  seizure of property.— Every officer seizing
any property shall, without any unnecessary delay, make a report of such
seizure to the Magistrate ; provided that when the offender is unknown it
shall be sufficient for the officer to make, as soon as possible, a report of
the circumstances of such seizure to his immediate superior officer.

11. Duty of Magistrate.— Upon the receipt of any such report, the
Magistrate shall, with all convenient speed, take such measures as may be
necessary for the arrest or detention and trial of the offender and the disposal
of the property according to law.

1. Words “having jurisdiction in the case” omitted by Act XL of 1966.
2. Substituted for “Code of Criminal Procedure” by S.O. 1229(E) dated 31.03.2020.
3. Substituted ibid for “State”.



SAPPHIRE ACT, 1989 467

12. Confiscation of seized sapphires, rubies, weapons, materials, tools,
etc.—All sapphires or rubies in respect of which an offence under this Act
has been committed and all weapons, materials, tools, vessels and cattle
used in committing it shall be liable to confiscation and, on the conclusion
of the trial or, in case of the offender being not known, without any trial
shall be made over by the 1[Judicial Magistrate] to the Minister-in-charge of
any officer appointed by him in writing by a particular or general order.
Such confiscation shall be in addition to any other punishment prescribed
for such an offence.

13. Penalty for vexatious or unreasonable seizure, detention etc.—
Any officer who vexatiously and without reasonable cause seizes any
property, retains or searches any person, animal or conveyance or enters or
searches any building, vessel or place without any belief that an offence
under this Act has been committed shall be punished with imprisonment of
either description which may extend to six months or with fine which may
extend to Rs. 500, or with both.

14. Person in possession of sapphire or ruby within the State at the
commencement of this Act to make over such sapphire or ruby to an
authorised officer, entitled to 30 per cent of the value.— Notwithstanding
anything stated in this Act, any person who has in his possession or custody
any sapphires or rubies within the State territories at the commencement of
this Act may make over such sapphires or rubies to the officer duly authorised
for such purpose by the Minister-in-charge within three months of the
promulgation of this Act and shall be entitled to receive 30 per cent of the
value of such sapphires or rubies unless he can prove a valid title thereto to
the satisfaction of the officer appointed by the Minister-in-charge in this
behalf, in which case he will be entitled to receive full value of such sapphire
or ruby.

No person complying with the provisions of this section shall be liable
to prosecution under section 5 and no enquiry shall be made from him as to
the source from which he obtained such sapphire or ruby, unless he volunteers
to give this information in order to prove valid title to such sapphires or
ruby.

15. Value to be determined by Minister-in-charge.— The value of the
sapphires or ruby produced under section 14 by any person shall be
determined by the Minister-in-charge and his assessment shall be final.

1. Substituted by Act XL of 1966 for “Magistrate”.



468 SAPPHIRE ACT, 1989

16. Sapphire or ruby to be deemed  illicit if not produced as required
by section 14.— Any sapphire or ruby not produced as required by the
provisions of section 14 within three months of the promulgation of this Act
shall be deemed to be illicit.

17. Reward to informer.— Any person who is not 1[Union territory of
Jammu and Kashmir] official and gives information which leads to the seizure
of sapphires or rubies as defined in this Act, shall be entitled to a reward not
exceeding 30 per cent, of the seized sapphire or ruby as the Minister-in-
charge may determine.

18. Report of Mineral Survey  Officer to be used as evidence.— Any
document purporting to be a report under the hand of any Mineral Survey
Officer of the 1[Union territory of Jammu and Kashmir] upon any sapphire
or ruby duly submitted to him for examination and report in the course of
any proceedings under this Act, may be used as evidence in any enquiry,
trial or other proceedings under this Act.

19. Application of the provision of this Act to any other mineral.—
2[The Government] may, by a notification printed in the Jammu and Kashmir
3[Government Gazette], apply the provisions of this Act to any mineral other
than sapphire or ruby.

20. Rule making power.— The Minister-in-charge may make rules
consistent with the provisions of this Act for the carrying out of the objects
of this Act.

————

1. Substituted for “State” by S.O. 1229(E) dated 31.03.2020.
2. See footnote under section 2.
3. Now Official Gazette.