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Textiles ministry to move SC against Calcutta HC order on JPMA dilution

PTI - Kolkata

The Union textiles ministry is planning to move the Supreme Court against a Calcutta high court ruling that had directed it to cancel a notification on dilution of Jute Packaging Material Act (JPMA) and issue a fresh notification within four weeks for compulsory use of jute bags for packing of foodgrains and sugar.

Industry sources said the ministry has directed the Jute Commissioner of India (JCI) to prepare papers for challenging the HC ruling. The ministry has so far not complied with the June 27 order of HC and had not yet issued any notification till August 2, which was more than a month since the order was passed, sources said. "Non-issue of notification meant that there is no JPMA at present," they said.

Meanwhile, confusion prevailed among Food Corporation of India (FCI), Punjab government and Haryana government over how to go ahead with placing orders for packaging bags for the khariff season. As per July, 2002 notification, FCI and other government agencies were to pack only upto 75 per cent of produce in jute bags and were not sure whether they should go ahead with orders for synthetic bags for the balance 25 per cent. It is learnt that FCI has written to the textiles ministry what it should do under the present circumstances and has sought confirmation on whether it should buy plastic bags or jute bags.

A division bench comprising Justice Samaresh Banerjee and Justice P N Sinha in its order dated June 27 had directed the government of India to cancel the existing notification issued in July, 2002 and issue a new one in accordance with the one that existed prior to the last notification. The last notification stated that only jute bags be used for packaging of foodgrains and sugar. The bench had said status quo ante should be maintained and directed the Centre to issue a new notification in ‘four weeks’ that only jute bags would be used for packaging foodgrains which had been reduced by 20 to 50 per cent for different food products.

The court had also ruled that the Jute Advisory Committee (JAC), formed by the Centre, had no authority to recommend reduction in the use of jute bags for foodgrains and sugar and such intervention was ultra vires of the constitution. The July 12, 2002 notification said that according to a JAC recommendation, the Centre had decided that in foodgrain packaging, use of jute bags would be reduced with the percentage varying for different products. The notification was challenged in a division bench after trial judge had rejected a petition of the jute industry.