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REGD. No. D. L.-33004/99
The Gazette of India
CG-WB-E-28082024-256703
EXTRAORDINARY
PART II-Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 3319] | NEW DELHI, WEDNESDAY, AUGUST 28, 2024/BHADRA 6, 1946
MINISTRY OF TEXTILES
(Office of the Jute Commissioner)
ORDER
Kolkata, the 27th August, 2024
5460 GI/2024 | (1)
2 | THE GAZETTE OF INDIA : EXTRAORDINARY | [PART II-SEC. 3(ii)]
Sl. No. | Bale No. | Observations
1 | 0038 | i. Found unbranded B-Twill bags having two red identification marks.
2 | 0068 | i. Type-A unbranded B-Twill bags have been found.
| | ii. B-Twill bags of Govt. of Punjab having single Blue / Red & Black identification marks have been found.
| | iii. B-Twill bags of Govt. of UP, MP, Uttrakhand & Haryana having single Blue identification marks have been found.
| | iv. B-Twill bags of Govt. of Chhattisgarh having single Blue / Red identification marks have been found.
| | v. B-Twill bags of Govt. of West Bengal having single Blue & Black identification marks have been found.
| | vi. Found unbranded B-Twill bags having two Red / Blue & Black identification marks.
| | vii. B-Twill bags of having two Red identification marks have been found with printing of Ambica & Manufactured in India.
| | viii. B-Twill bags of having two Red identification marks have been found with branding of Govt of Haryana (Mill Name – Ludlow)
3 | 0057 | i. B-Twill bags of Govt. of West Bengal, Punjab & Haryana having single Blue identification marks have been found.
4 | THE GAZETTE OF INDIA : EXTRAORDINARY | [PART II-SEC. 3(ii)]
MINISTRY OF TEXTILES
(Office of the Jute Commissioner)
ORDER
Kolkata, the 27th August, 2024
S.O. 3636(E). The allegations levelled against the alleged mill company i.e. Olisa Reality Pvt. Ltd. vide
show cause letter No. Jute(T)-6/1/397/23-I(E) dated 15th December, 2023, has been heard on successive occasions, the
final date of hearing being 1st April, 2024, wherein the hearing stood concluded, the matter was reserved for passing
order.
BACKGROUND:- Vide PCSO being numbered HRHSKO510230PR28648 dated 5th October, 2023, the alleged mill
company was given bulk orders for supply of B-Twill Jute Bags for supply to the State Government of Haryana. In
terms with statutory provisions, an inspection was held at the alleged mill premises on 5th & 6th December 2023, in
presence of the Mill's representatives', inspection agency i.e. M/s Eskaps and officials from the Office of Jute
Commissioner. The said inspection revealed following anomalies:-
"The inspection team opened 3 bales out of 46 disputed bales in presence of mill representative & M/s Eskaps India
Pvt. Ltd and following observations have been made-
Sl. | Bale No. | Observations
No. | |
1 | 0038 | i. Found unbranded B-Twill bags having two red identification marks.
2 | 0068 | i. Type-A unbranded B-Twill bags have been found.
| | ii. B-Twill bags of Govt. of Punjab having single Blue / Red & Black identification marks
| | have been found.
| | iii. B-Twill bags of Govt. of UP, MP, Uttrakhand & Haryana having single Blue
| | identification marks have been found.
| | iv. B-Twill bags of Govt. of Chhattisgarh having single Blue / Red identification marks have
| | been found.
| | v. B-Twill bags of Govt. of West Bengal having single Blue & Black identification marks
| | have been found.
| | vi. Found unbranded B-Twill bags having two Red / Blue & Black identification marks.
| | vii. B-Twill bags of having two Red identification marks have been found with printing of
| | Ambica & Manufactured in India.
| | viii. B-Twill bags of having two Red identification marks have been found with branding of
| | Govt of Haryana (Mill Name – Ludlow)
3 | 0057 | i. B-Twill bags of Govt. of West Bengal, Punjab & Haryana having single Blue
| | identification marks have been found.
The team has collected the 8 B-Twill Bags [Two (02) unbranded bags having two red and single Blue identification
marks and one (01) Type-A, three (03) branded bags having single blue identification marks of Govt of Punjab, MP
and CG, one (01) bag having branding of Govt of Haryana (Mill Name–Ludlow) and one (01) bag printing of Ambica
& Manufactured in India] form the 3 above mentioned opened disputed bales as sample along with the signature of
mill representative. The 3 disputed bales, which were opened, were repacked and sealed (Seal No. 4287601 to
4287606) in presence of the mill representative.
Further, the representative from O/o the Jute Commissioner had seized the 150 bales of Govt. of Haryana (HSWC)
under PSCO No. HRHSK051023OPR28648 dated 05.10.2023 as per the provision in Jute and Jute Textiles Control
Order, 2016. The seized bales were handed over/ Zimma to Shri Sitaram Ganguli, Manager Finishing & SQC of M/s
Olisa Reality Pvt. Ltd. The mill company has been advised to keep the seized bales segregated in safe custody and not
to use/shift/delivered except under force majeure conditions (which should be immediately informed to the O/o the
Jute Commissioner) until further instructions received from office of the Jute Commissioner."
Accordingly, a show cause notice was served on the alleged mill company vide letter No Jute(T)-6/1/397/23-I(E)
dated 15th December, 2023, reply thereto was received on 19th December, 2023 vide letter No. Nil.
The seized jute bags depicting anomalies were kept as exhibits during the course of hearing, the said bags were used
as evidence against the alleged mill company, by the department at the time of hearing, in presence of parties' to the
proceedings.
[भाग II-खण्ड 3(ii)] | भारत का राजपत्र : असाधारण | 5
The stand taken by the representatives from the department, quoting from the reply to show cause received from the
alleged mill company, that the mill authority has admitted the guilt and the onus was thrashed upon employees.
On the other hand the representative from the alleged mill company denied the point of admission being levelled by
the department against them, they categorically emphasized that department has failed to interpret the reply against the
show cause given by them. They pointed out that, few B-Twill bags long back were taken from different mills of
different crop years, only to check the quality in a competitive market, it is by sheer negligence of few employees that
the bags got mixed up with the inspecting lot, there is neither any mens rea nor any attempt as such to perpetrate
unfair practice, i.e. amongst huge bulk supply, only few bags if are found to be not in order in no way discloses any
mala fide intention of the alleged mill company, since the malpractice as alleged, will reap miniscule benefit which is
not called for. The representatives of the alleged mill company during the course of hearing however admitted that
there is negligence on their part but that negligence should not take away the right of them to business, which is
practically benefiting thousands of workers by giving them their livelihood.
The department prayed for debarment of PCSO on the alleged mill company and the alleged Mill company prayed for,
dismissal of the complaint considering their reputation and unintentional negligence.
All the submissions were kept on record and deliberated through ROP of hearing dates, the said ROP (s) were
circulated to the parties' to the proceedings in course .
The inspection agency ESKAPS also deposed before this adjudicating authority in presence of all the parties' to the
proceedings, they submitted that amongst the deliverable material against PCSO No. HRHSK051023OPR28648 dated
05.10.2023 inspection was conducted on 5th December, 2023, in which there were a lot of 150 bales about to be
dispatched to Govt. of Haryana. Out of these 150 bales, 46 bales were found with tampered/ broken inspection seals
and stickers while the bales were still in the custody of the mill company; bags of different crop year and of different
consignees were found inside the tampered bales (3 tampered bales opened at random during inspection on
05.12.2023) which were unacceptable, and those bags as has been indicated were seized and sample seized bags were
exhibited in course of hearing which corroborated the statements of the inspection agency.
The deposition of Inspection Agency has been kept on record.
ORDER:- The reply to the show cause given by the alleged mill company has been perused, the seized goods and the
statements of the inspection agency, as well as the department, has been corroborated, the allegations against the
alleged mill company stands established, the provisions of the Jute & Jute Textile Control Order, 2016, has to be
followed. Therefore, in strict terms of the statute and invoking paragraph 8 (a) of the Jute & Jute Textiles Control
Order, 2016, M/s Olisa Reality Pvt. Ltd. is debarred from being granted with PCSO on prospective basis from the date
of this order to 3 months. It is made clear that, all the orders received by the M/s Olisa Reality Pvt. Ltd., which are yet
to be dispatched by the mill company at the time of passing of this order, has to be fulfilled by them in proper time,
else separate proceedings will follow; it is further made clear that, the goods which are found to be defective, dealt in
this particular case, to be replaced at the cost of the company within a fortnight from the date of receipt of this
order. Liberty is given to the mill company, if aggrieved, to file appeal before appropriate forum in terms with
paragraph 10 of the Jute & Jute Textiles Control Order, 2016.
The matter is disposed.
Let this order be circulated forthwith, to all necessary parties'.
[F. No. Jute(T)-6/1/178/GN(3)/2019-I(E)]
MOLOY CHANDAN CHAKRABORTTY, Jute Commissioner
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR dyne by S
SRIVASTAVA
Date: 2024 08:28 22:46:18 +0530
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