Section 3 of The Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987
- (1)Notwithstanding anything contained in any other law for the time being in force, the Central Government may, if it is satisfied, after considering the recommendations made to it by the Standing Advisory Committee, that it is necessary so to do in the interests of production of raw jute and jute packaging material, and of persons engaged in the production thereof, by order published in the Official Gazette, direct, from time to time, that such commodity or class of commodities or such percentage thereof, as may be specified in the order, shall, on and from such date, as may be specified in the order, be packed for the purposes of its supply or distribution in such jute packaging material as may be specified in the order: Provided that until such time as the Standing Advisory Committee is constituted under section 4, the Central Government shall, before making any order under this sub-section, consider the matters specified in sub-section (2) of section 4, and any order so made shall cease to operate at the expiration of three months from the date on which the Standing Advisory Committee makes its recommendations.
- (2)Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form 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 order.
Summary
- The Central Government can order that certain commodities (goods) or a percentage of them must be packed in jute material.
- This power applies notwithstanding (meaning even if) other conflicting laws are in place.
- Before making an order, the government must consider the recommendations of the Standing Advisory Committee.
- The order must specify the commodity, the percentage required, the start date, and the specific jute packaging material.
- If the committee is not yet formed, the government can issue an order which expires three months after the committee eventually makes its recommendations.
- Every order must be presented to both Houses of Parliament for thirty days, and Parliament has the power to modify (change) or cancel it.
Practical examples
FAQ
1. Can the Central Government require only a portion of a commodity to be packed in jute?
Yes, the government can specify either the whole commodity, a class of commodities, or a specific percentage of them.
2. Does this rule override other laws?
Yes, this power exists notwithstanding (even if there is) anything contained in any other law, meaning it takes priority.
3. What happens if an order is made before the Standing Advisory Committee is set up?
The government must consider the same factors the committee would. Once the committee is set up and makes its recommendations, that temporary order will cease to operate (expire) exactly three months from the date of those recommendations.
4. How is Parliament involved in these packaging orders?
Every order must be laid (presented) before both Houses of Parliament for thirty days, and Parliament can modify or cancel it.
Test yourself
Q1.Whose recommendations must the Central Government consider before making an order under Section 3?
Q2.Under Section 3, what can the Central Government specify in its order regarding commodities?
Q3.If the Standing Advisory Committee is not yet formed, what is the lifespan of an order made by the government once the committee finally makes its recommendations?
Q4.For how long must an order under Section 3 be laid before each House of Parliament?
Q5.What happens if both Houses of Parliament agree that an order under Section 3 should not be made?