1M
j'.\\..'.l:" ' :, V THE MADHYA PRADE~H COTTO~ CONTROL ACT, 19j4 No. J 7 of 1954
TABLE OF CONTENTS
Preamble.
Sections Page
1. Short title and extent. 381
2. Definitions. 381
3. Power to specify variety of cotton to be cultivated, 382 etc., in controlled areas.
4-. Grant of permission to factories to rmx cotton. 332
5. Penalties, 383
6. Prohibition of cultivation or mixing of Garrowhill 383 cotton.
7. Confiscation.
8. Power of entry and seizure.
9. Duty of owner, occupier or person inchargc to grve 385 facilitcs for inspection by authorised officer.
10. Previous sanction for prosecution. 385
11. Cognizance of offences. 385 12-A. Composition of offence.
3136
386
] 2. Offences by corporations, etc.
13. Protection [or acts done in good faith. 386
14. Persons acting under the Act to be publie servants, 386
15. Power to make rules. 386
16. Repeal and saving, 386
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n-ll~ M/"-'HYA PRADESH COTTON CONTROL ACT, 195i (No. 17 of 1954)1
38h
Received the assent or the President on the 23rd June, 10j"i; assent first p ubishcd in tile Madhya Pradesh Gazette on the 2ndJuly, 19}1-.)
An Act to provided for controlling the production, import, possession or use of: or trade in, certain varieties of cotton and matter ancillary thereto for the purpose of ensuring cultivation of h:tler varieties of cotton and the maintenance of their purity. Prearnble,- Whereas it is cxpeudicnr to provide for con- trolling the production imoort, possession or use of, or trade in, cct:tain varieties of cotton and matters ancillary thereto for the purpose of ensuring cultivation of better varieties of cotton and. the maintenance of their purity;
It is hereby enacted as follows :--
1. (1) This Act mav be cited as the Madhya Pradesh Short title and extent. Cotton C~rtrol Act, 195+. '
(2.) It extends to the whole of Madhya Praclcsli.]'
2. In this Act, unless there is anything repugenant in Definitions. the subject or contcxt,-
fa)
"controlled area" meanstheareaspecifiedinthe notification issued under sub-section (1) of section 3 ; (b)
"cotton" includes cotton plant, ginnedandunglll- ned cotton, cotton waste and cotton seed; (c)
"Director" meanstheDirectorofAgricul lure, Madhya Pradesh, and includes any officer who is autlL01:isccl bv th~ State Covcrnmcnr [0 exercise or perform any' of the powers or duties of the Director under this Act :
(d)
"prescribed" means prescribedbyrulesmadeunder this Act;
(e) "prohibited variety" in respect of any area, means a variety of cotton the cultivation of which is either prohibited under this Act or bv the State Government ~tnder section 3 ; ,
-------,"-_. __ .-- _._------_.---------_ •._- ... - For Statement of Objects and Reasons, see Madhya Pradesh Gazette, dated the l Rth September, 1953, part 92. For of Select Committee, see Madhya Pradesh Gazette, dated the 5th March, 1954, Part IV ,A). page :'7. For Proceeding in Assembly, see Madhya Pradesh Legislative Assembly Proceedings, 1954, Vol. V, pages 44-49 and 13-37 dated the 31st December, 1963 and 4th January, [954, respectively; Vol. VI, pages 19-58 and 27-57. dated 9th rind lOth March. ]954. respecti vely.
1 .,
S;lbs, by M, P. Act 2j (If 1955. S,} (3). Sch. Part A, item 76.
2
Po wer to specify variety of cotton to be cui tiv- at ed. etc, in controlled ar cas,
Grant of permisson to [.,,·~qrics to mill. C()t!':'!1.
~.;, • I •
THE MADHYA PRADESH COTTON CONTROL ACT, 19)4
"~t(mdard varic[~", ill rDncct of any art{t) meam I ' r /
a variety of cotton specified by the State Govern- ment as a standard variety under section 3. ~-j. (1) The Slate Govcrnrncm may, by notification,
. .declare an v local area to be a controlled area and may, in l'~SpCCL of such area,-
(i) specify auy variety of cotton as being a standarcd variety the cultivarion of which is permitted in such area; and prohibit the cultivation in such area of any other specified variety of COlton; or (i£) prohibit in such area the mixing of any standard variety with any other standard variety or wi th any prohiicd or other variety: or
(Iii; prohibit or ro.rrict in such area the import, posses- sion or use of or trade in, auv standard variety mixed with any orh cr varrctv \VhClhcr standarcd, prohibited or otherwise.
In
I j / Ii,
(2) Before issui uj; a notification under sub-section (1), the State Covernment vshall publish in the prescribed manner a draft of such llor:ification together \Iith a notice stating that any objection or suggcsrion wh.ich may be received by the Slate Govcrumcnt within the period specified in the notice (such period being not less rlian two months frorn the date of publication of t11G draft) WlU be considered by the State Government.
(3) Everv notification under sub-section (1) shall also / , ',
be published in the regional language or the controlled area in the prescr.ibcd mariner.
,1. (I) Notwithstanding anything contained in section ~) 01' :111v notification issued there under, the State Government may, by 'notification, permit, in any factorv in h'hich cotton is manufactured into yarn or cloth, any standard variety to be mixed with any other standard or prohibited variety Provided that the cotton so mixed-.
(0)
(/;) is not made into fully pressed bales, and i·; used ill such factory exclusively in the manu- facture of yarn or cloth.
(2) The owner or person incharge of the factory shall maintaiu ,0r cause to be maintained a regisler c:ontaJlling ~ldaily record of cotton other than that of standard arretv received into, and ll~cd in, the factory. He shall preserve such r~gister for a p,rj:)C/ "f :'?l less than two ycar~ frolll the date of the last entry ~""r-.,", ,·f r'~ ,1" ;'}'P, I"'
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· "
;~LIE MADHYA PRADESH COTTON CONTROL ACf, 1954 :). (1) Any person who cultivates any prohibited variety in any controlled area in contravention of the provisions of this. Ad O~I cl any notification jgmed there under shall be puni- shable with fine which may extend to twenty rupees or fC'" 1iI,' second or subsequent offence with fine which may extend \e; "f;jiv rupees.
(2) j\llY person who, in any controlled area in contra- vention of the provisions of t his Act or of any notification issued thcrcuntlerv--
(a) mixes or causes to be mixed an v standard variety ,\.itlt any other standard variety or with any prohibited or other V
(b)
imports, posflesses:usesOftradesin,any standard varier \ rnixesd with any other standard variety or with any prohibited or other variety of' cotton, shall br: punishable with fine which may extend to five thousand rupees.
(:3) The own cr oi, or arty person in cha1"ge of; a factory who contravenes any of the provisions of sub-section (1) of section 4, or fails to comply with an y of the: provisions 0(' sub-section (2, or sub-section (:'~) of section 4, shall Jw punishable with firi(~ which may extend to five thousand rupees and for a second or sub-sequent offence with fine which may extend to ten tho- usand rupees.
G. (1) Notwithstanding anything herein before con- lamed, no person shall wmv in. 1 :rvIadhya Pradesh]' Garr owhill cotton as a pure crop or 111 a mixture, OJ' shall mix in [Madhya Pradesh] 1 such cotton with an Y other kind of cotton. (?) Ally person who cultivates Garrowhill cotton in con- t ravcntion of such su b-section (1) shall be punishable: wi t h fin!' which may extend to twenty rupees or for the second or S1I' '~('qucnt offences with fine with which may extend to Iifty rupees,
(3) Ail)' person who mixes or causes to be mixed Garro- VIlLli' cotton with any var.i~ly of cotton, whether standard, proh: hired or other shall be punishable with a fine which may ext end to rupees five tho us.md.
4. The provisions or section 8 and 9 shall, in respect of G,: rrr.v, hill cot ion, appl) ,\~; if it were a prohibited variety and the whole: ol [rhc ')iclte ,dO Madhya Pradesh]" were a contro- lled area.
1. Subs. by M.P. Act 23 of 1958, S.3 (3), Sell. Part A, item 76, for "Malia- koshal region".
Subs., ibid., for " Mahakoshal region".
383
Penalties. Prohibition of cultiva- tion or mixing of Garrowhill cotton,
4
C~nfiscation. Power of entry aad seizure.
.•""j \ ~'
" . ',' ! THE MADHYA PRADESH COTTON CONTROL ACf, 1~)4 I (1) Where a Court trying an offence punishable under section 5 0 r section 6 is satisfied that all Of1CllCC under that section l:as been committed in respect of any cotton, the Court may direct that such cotton and every box , receptacle, package or covering, containing such cotton shall be forfeited to Government.
: (2) Where an offence under this. Act ?as been cornrni- tted, or is believed to have been committed III respect of any cotton and the offender is not know or cannot be found or where no person claims any right il:l suc,h cotton, the officer a.utho.l'i- sed by the State Government III this behalf may hold an ll1qulry and 'may order confiscation of suc,h cOttOl~ . together with any box.: receptacle, package or covenng contairung such cotton:
Provided that no such order shall be made before t!I':
expiration of Ont; month f:'om the dat.e of seizing the. c:ottOIl liable to confiscatIOn or without hearing the person, If any, claiming any right thereto and the evidence, if any, which he; pro due es in support of his claim.
·8. (1) Any officer authorised in this behalf by the State Covernrnent may, between the hours of 6 a.m. and 6 p.m.-
(a) enter upon any land in a controlled area in which he knows or has reason to believe that any prohi- bited variety has been or is being cultivated in contravention of a notification under sub-section
(1) of section 3, or of the provisions of section 6, uproot such cotton, or cause it to be uprooted and seize the cotton so uprooted;
(b)
enteruponorintoanyland, building, vehicleor place in a controlled area in which he knows or has reason to believe that any standard variety mixed with any other standard variety or any prohibited or other variety of cotton, is kept in contravention of a notification under sub- section
(1) of section 3" or of the provisions of section 6, and seize such cotton.
(2) (a) Every officer SeIZing any cotton section (1) shall forthwith- under sub-
(i) take a sample of the cotton seized, separate it then and there into three equal parts and securely pack and seal each of them with his seal in the presence of the occupier or person inch.uxre of the land building, vehicle or place on or'":>in which such seizure was mack and of two witnesses and in case the occupier or person aforesaid wishes to ~f':.11 thp,.." rl.~" •.I,~ 11 ~ L_ t., - - , ,
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THE MADHYA PRADESH COTTON CONTROL ACT, l~'~ behalf for examination and report to LlIC retain another such package for his own deliver the third sealed package to the or person aforesaid.
Director,
use and
occupier
lb) The ofliccr referred to 111 clause (a) shall have dis- crcrior, either [0 enuust the remainder of the seized cotton to the occupier or person aforesaid or 10 make other arrangements fOT its safe custody. If the officer decides 1:0 entrust the cotton to the occupier or person aforesaid, such occupier or person shall take charge of the same and shall givc an undertaking in writing to produce the said colton before any Court w.ien required to do so by (he said officer.
.c) The officer referred to in clause (a) shall forthwith make a report of the seizure to the nearest magis- trate having jurisdiction to try the offence commi- tted in respect of such cotton, together with parti- culars of such cotton and furnish a copy of such particulars to the occupier or person aforesaid.
(3) The opinion of the officer authorised under para- 'ph (ii) of clause (a) of sub-section (2) contained in any docu- n, It signed by such officer regarding the cotton sent to him ror examination under that clause, may be used as evidence a~ to the nature of such cotton, in any inquiry, trial or procce- ding under this Act.
. :,4; If 1L c occupier or person aforesaid refused to take llar,ge of the cotton when required under clause (b) of sub-section ?j OJ to give the undertaking referred to in that clause, or Jails to produce the cotton before: the COUt·t when rcqui red, he shall be punishable with fine which m::L'J extend to twice the value of such cotton. '
9. (1) Lvcry owner, occupier or person incharge of any 'land, building, vchick or l)laC(: in a controlled area shall give all reasonahic L,ciiine..; LO the officer authorised under- sub- section (1) of section G, to inspect such land, building, vehicle or place.
(:2) \'\'llOtVCr contravenes the prO\/!SlOl1S of sub-section
1) shall, 01; conviction, bc punishable v ...j th [illl' which rna y ..x tcnd to twcn iv nlpces.
10. r\o prosecution tinder t here-under shall be instituted U' the Director.
this Ace or any rule made without the previous sanction
11. No ollerrcc punishable under this Act or any rule made there under shall be inquired into or tried by any' Court '/,o ~.t_ ••. r -i\.,{' ...•'"""! ....•~.,~ ..... ,....('+-hr.<.:: .......•..••...•.T' .lf'l'l<...'"
Duty of owner, OCCll-
pier or person incharge
to give facilities for
inspection by authorised
officer.
Previous sanction
prosecution.
Cognizance of offences.
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... ~ , ~'. " . ~. ,'f':" f,,;, oc UV ·H THE MADHYA PRADESH COTTON CONTROL ACT, 1~)4 )ffencfS D~ cOJpora·
lon~) etc.
Compositionof offence.
)rotection for acts done
n good faith.
Persons : acting under
the Act to be public
iervants.
Repeal and saving.
1~I Where a per~on committing any offence puni~hable under thi~ Act or any prule made thereunder i~a company or an association or body of persons, whether incorporated or not, the director, manager, secretary, agent or other principal officer managing the affairs of such company, association. or body shall be deemed to be guilty of such offence. [l2~A. (1) Any gazetted officer of the Agriculture Department authorised in this bahalf by the State Govern- ment may, on acceptance of such sum as may be prescribed, compound any offence under this Act or the rules made there- under.
(2) On the composition of the offence under this section no further action in respect thereof shall be taken against the person accused of it and if any proceedintgs in respect of that offence have already been instituted against such person in any Court, the composition shall have the effect of his acquittal thereof.] 1
13. No suit prosecution or other legal proceedingr shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
14. Every person acting or purporting to act in pursu- ance of any of the provisions of this Act or any rule made there- under shall be deemed to be a public servant within the mea- ning of section 21 of the Indian Penal Code, 1860 (XLV of 1860)
15. (1) The State Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the genera- lity of the foregoing power, such rules may provide for all or any of the following purposes, namely:-
(a) the manner in which notification under sub-section
(1) of section 3 shall be published I
(b) the condition subject to which cotton seized may be forwarded under section 8.
(3) Any such rule may provide that a contravention thereof, if not punishable under any provision of this Act, shall be punishable with fine which may extend to two hundred and fifty rupees.
(4) Rules made under this section shall be subject to het condition of previous publication.
16. (1) 'The Central Provinces and Berar Cotton Contol ,..~. 10Q'7 (VV "f 1Qq7\ i~ hprp'hv renr-aled.
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