Saltpetre Manufacture Act, 1861, 31 of 1861, (Rep., Act 12 of 1876)

Section 111. Every license granted under this Act shall have effect for one

Repealed or not in force · As amended up to 2026-08

111. Every license granted under this Act shall have effect for one and form of year from the date of such license and shall contain the 11c~1lse. name of the proprietor of t,he manufactory or maunfac- ACT No, XXXI `OF` 1861. * tory and refinery of Saltpetre licensed, and of the locality of such malluf'2ictory or refinery. `IV.` For every license to manufacture Saltpetre there silall be charged a fee not, exceeding two Rupees, and for every license kc-, Feea for licenses. manufacture and refine Saltpetre and to sepnr:&te a,llci purify Salt in the process of such manufacture and refining, a fee not esceerling one hundred Rupees. The local Government shall within the limits aforesaid fix the amount of the fee to be paid for such licenses respectively. V. The Salt educed in the process of nlanufacturing or refining Saltpetre by any person licensed to separate and purify Salt Salt educed iu the ma11ufaotu1.e l~eble to 'full Government of saltpetre as aforesaid (whether the same shall be purified or not) ~ u t y . shall be liable ta the full Government Duty 011 Salt in tile Presidency or place in which such Salt is separated, educed, or purified, and. such Duty shall be levied, on or -before such Salt is removed from the place of mannfactrrre. VI.[If ][any parson shall mannf&cture or refine Saltpetre or sep:~r,zte ] or purify any Salt educed in the process of ~nanufacturPe~~elty. ilg. or refining the same, ~vithout a license under this Act, or being licensed o d y to manuhcture Saltpetre, shall separate ally - Salt . ill - . the manufaotura thereof, or being liceilsed to manufacture and refiqe Saltpetre, shall (cxccpt as provided .in the next Section) allow any Salt separated 11 the manufacture or refinement of Saltpetre to be removed fromthe place of 111anufactnre or refinery without the full aunount of Govellnment Duty thereon being first paid, he shall be liable to a fine of five hundred Rnpees, and an non-payment -thereof to in~prisonn~cnt with or without hard labor for a period not exceeding six rn~aths. VII. It shall be lawful for the local .G.overnment to cornpound \vitll any :person liceneed under this Act to manufacture and reCompo3ition or Dutiea. .fine Saltpetreand-to separate and purify Salt educed in tlie process of such manufacturing and refining, for the Dut.y payable on the Salt (3stimated to <be .separ&t?d .by, sue11 person. Tile comI~ositio.n sl~all be lna,de .fi,r. one year .only, and may be annually rene~~:ed, and shall . . be . . in such forn~, xu (1 subject to such .provisions ancl :l>.eciuli~ny penalitie.~, as the loca.1 G-overn- . . . ACT No. XXSI OF 1861. 8 rnent shall prescribe. Such provisio~s and penalties shall be expressed in such license, and the person licensed shall sign a bond eixbodying suc11 provisions and penalties, and binding him to the fulfillne~it of all conditior~s of such license. VlII. Every manufactory of Sdtpetxe in the North- Western Pro- Menufactories in vinces licenscd under this Act, and a. space not exceed- North-Western Provinces to he Costoms `ju-`[i11g one hundred yards around srlcb mnllfartory ][if ][tlie ] risdiction. nlanufactory be also a refinery of Saltj)et.re, and not e s - ceeding fifty yards if the manufactory be licensed for tlie manufacture of Saltpetre only, tjo be fixed by the local Government uncter Sect.ion I11 of Act XIV of 18 43 (for regulati7zy the 2ecy of -CYllstonls Dttties and the ?nn~tz@~ct~.l re of Salt in thc North- PVeste~)~ Pj-ovi~zces of thc P,res-lcletzcy of Bc?zgctl) shall be included in the Custolns jilrisdiction of the said Provinces ; and the provisioils of the said ,4ct XIV of 1843 and of Act XXXVL ActsXIVof 1843 and xxxvr of 1855 apl,,i-[of ][1855 ] [(to elnpowel. [REDACTED] ][of ][Cz~stonzs ][and ][Land ][I?e- ] cable. venue to seurch I~otcsss and oliie~. e?zclosecl pluces for colctrn- bci?zd Salt in the No,rth- T~Vcstern Provi7zces) shall apply to Salt nianufacturcct, separated, or purified contray to tlle provisions of this Act, and to such Custollls jurisdiction. I X . In other parts of the British territories in India to which this Ill other India Act shall be extended in the manner hereinafter provided, tended, to mho this are Act to ie wereS- the powers conferred by tbhe said Acts X IV of 1843 and cleet'le ponera conferred X XXVI of 1 855 on Collectors and other Officers of bp the above Acts on Collectors J;C. Custo~ns and Police Officers respectively, may be exercised by the Magistrates and Yolice Officers (not being under the grade of a Jemadar or Head Officer of a Police Station) in their respective D i ~ t ncts. ' X. It yhall be lawful for the local govern me;^$ of the Nort,h-MTestcrn Provinces and of any other Presideiicy or place to Local Government may frame rules. which this Act shall be extendcd as hereinp.ft,er provided, - to frame rules, which shall not be cotrtra~y to t.lle provisions of this Ac,t, for securing the Dkty paj7able on Salt sep,zrated or pwi- ',fied u d e r liceilsea to manufa.cture and CeSne Ss!tpetre ail3 to separate aird purify Sali; educed in -;nanufacturing ancl refining the same, for conlpositio~~s :u.ndel. Scci-.ion `l7` 11 ~f tllis A.ct., ~ n d for the l-elnovi~i of' Sa!t for nthich zoi!~i)osit,ic) ti ACT No. S X X J OF 1861 @@ positioli has heen made, and otherwise to give effect to this Act. Such rules sllall be putslished in the Official Gazette of such local Goslernment, and shall Ilave the same force and effect as if they were conta,ined in tllis ,4ct. XI. Tile provisions of this Act, wherever it may be in force, shall ap- Y O W I at aubstu~ices &c.[ply to the mctnufacture of Russee, Siljjee, and al! other ] t h ~ s Act `ls` apll'lcnble si~bstailces rnanufactul.ed fi.oni saline earth, and of K l~arec Boon, or Glauber's Salt, and every other for111 of Sulphate of Soda, and to the works at which any such substance is wanufactured. XI I. A I1 forfeitures or penalties irrlposed under the authority of this 1 evp of ~oi3re'tu~essnd[Act shall be recoverable by any Magistrate of l'olice. or ] ri15trcas* by the Magistrate or other O6cer exercising the powers of a Magistrate as defined in tlie Code of Criminal Procedure, and may, in case of non-payment thereof, be levied by distress and sale of the goods ant1 chattels of the offender, by warrant under the hand of any of the aLove named Oficers. XITI. When any penalty is a17;arded for the breach of the conditions Ca,lcellatio.n of lirRnsc[of ally liceiise under this Act, or against the holder of ] of offende~.~. de6.ruc'ion Of any license for ally offence under tliis Act, the local Governineiit may cancel such license, l'he Officer who convicts'the offender may also, on the ii'pplica.tion of the Coinmissioner of CURtoms or of the Collect,or of Customs within whose jurisdiction the offence is colnnlitted or other Officer authorized in that behalf by the local Govcrnnlent, order the works of such offender at which such offence was committed, to be destroyed. XIV. I n case mly pe~ialty awarded under this A & sllalli~ot be forth- P~oce:lii~.c until reiu~~n[with paid, the Officer ][by ][W ~ ~ O T I ~ ] S U C ~ peiialty is awarded `jS` ~li.;l refis. to 'qsrrsllt nlay order the offender to be apprehended and detached in safe ccllstody until tlie return ca.n be co~lveniently made t.o sllcli mana,ut of' distress, urlleas tlio offel~del. shall give sccurity to the s~ttisfitction of sucli Oflicer for his nppea1.ance at such place and t.ime as shall Ije :ipl)~i!iied for the l~t?t\isn of t31c \r.:lrrant of distal-css, .. . AC!T No. XXXI OF 1SG1. '* XV. If upon the return of such wan-ant it shall appear that no su6cient distress can be had whereon to levy such fine, and Imprisonment if dis. tress PO^ suffi,ient. the same shall not be forthwith paid, or in case it shall appear to the satisfaction of sucli Officer, by the confession of the offender or otherwise, that he has not sufficient goods and chattels whereupon sucli fine or sum of money could be levied if a warrant of distress were issued, ally such Officer may, by warrant under his hand, co~nmit the offender, provided he is not a European British subject, to prison, there to be inlprisoned, according to the discretion of such Officer, for any term not exceeding two calendar nlonths when the amount of fine shall1 not exceed fifty Rupees, and for any term not exceeding four calendar months when the amount shall not exceed one hundred Rupees, and for any term not exceeding six calendar months in any other case, tlze commitment to be determinable in each of the cases aforesaid on payment of the amount. XVI. If the offender shall be a European British subject, the Magistrate shall record the facts, and transmit such record to the Levy of fines from Eu- District Court of the District wherein the offender is ropan Brili~h subjects. convicted, and the ainouilt of the fine and costs (if any) shall be levied in the manner provided for the execution .of decrees of the Civil Court. Levy of fines from Eu- ropan Brili~h subjects. XVII. Nothing in this Act shall be construed to alter or affect the provisions of any other law or Regulation relating to licenses. Act not to affect provisions of other laws re. lating to licenses. XVIII. This Act shall take effect in the North-Western Provinces on ~o,,e.,,,eni a,a the 1st day of ~ecemb'er 1861, and may be extended to operalion of Act. any other parts of the British territories iil India, by an order of the Governor-General of India in Council to be published in the Official Gazette.

Source: India Code