DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Cotton Control Act, 1952
Act 15 of 1952
Keyword(s):
Controlled Area, Cotton, Prohibited Variety of Cotton, Standard Cotton
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2513 C2ttovt Control [1952: T.N. '[TAMIL NADU ACT No. XV OF 1952]a. THE '[TAMIL NADU] COT~ON Coi\i~llgL ACT, 1452 .
(Received the assent of the Presiderrt oft the 25th December
1952 ; .first published in the For St. George Gazette on the 31st December 1952.)
An Act to provide for regulating or prohibiting the cultivation of any specifiee: vari~tv of cotton, the mixing of any specified variety of cotton wilh any other variety of cotton and the possession or usc of, or trade in, any spccifiec; variety of cotton in cerlairl areas in the 3[State of 'Tamil Nadu] .
WHEREAS it is expedient to proviclt: for r~gulating or prohi- biting, in c:,.tel!i areas in the 3[Starl: of T::mil Nadu], the
cultiv~tion cf oily specified variety of cotton, the mixing
of eily sp:ciRed v winy of c:,i&cln wlih ;!ny othsr v:.riety
of c o ~ t o n :'.nj. t l lc pos~-ssit:)i~ o r usc OF, or in, any specifi:d varict :r c.f cl)tton ; I t is Iwrt:by t'lz;~cted as
.follows :--
Short title 1. ( I ) This Act nwy bz c.)ilid ihc '[Ta~nil Nadu] and extent. Cot1011 CO~I~YO! Ac!, 1952.
(2) It extcnds to the whofc of the "Sl2.t~ of Tamil Nemdu].
Definitions* 2. I n this AGL, unless thcrc is anything repugnant
in thi: subjject or c~fitcxi,--
(a! coi~irollad orea " mtnns 2.i area sptcifjed in a
notificstlon issliiil u tjdcr sectiot~ 3, suh-rccliol: (1) ;
(b) " cotton " includes caroil plol?~ giilned and
ungii~ned cotton, cnttoll w
1 These w o r d ~ uTei-; \,il)l;tituted for tlte word " &hdras '' by the Tamil Nadu Ackpl-i:ion ot' Laws Ordt:~, 1969, :?.,;lmended by the Tamil Nadu Adaptation of 1-:.ws (Scconrl Amcndmsmt) Ortler, 1969.
2 For St;i~emeltt of Objjects ond Kcaza~~s , cc St. &orge ,. , Gnzette, dater! I1lch 2nd J,rly 1952, Part 1%'-A, p;lgcs >b-.49.
3 This cxj71'ession :\,IS slibstitutcd f;lr rhe expression '" State of Madras 6' by the Tatnil Nadu Adaptation of L.aws Order, 1969, as amended by the Talrlil Nadu Adaptation of Laws (Secoud h e a d -
merit) Order, 1969.
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259
A' Cotton Cpntrol .
,
\ (,f) " prescribed *' means prescribed by rul-s ma&
Power to 3. (1) The Government may, by notificdtion, in respect the any area specified tlzer ein - variety of
(i) i ix the variety or v~rieties of cotton the culti- tion of which i s permitted in such area ; or cultivated, etc., in
(ii) .prohibit the cultivation in such area of any specified
ety of cotton other than any variety fixed under clause areas. (iv)' prohibit or restrict in such area the+possession of, or trade in (a) any variety of standard cotton
n of the draft) will be considered by the Govcr /I- _ -
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i60 Q'olton Control [1952: T.N.
(3) Evdry notification i ~ n d c r sub-section (I) shall also 1
b2 publisl12d in : llc regional langucigc of i ha area conc:rncd in the pr escr .bed ma nner .
\
Grant of 4. (1) Nolv~~thstanding anything contained in any pamission notification issned under section 3, sub-section (1). the to factortes ,i, G9v:rnm:nt mrry, by notifi~q~tion, ps-mit, in any factory in
oottan. which cotton is m :nuf2ctured illto yJrn or cloth, any variety
of standard coiton to be mixed with any other variety of I cot~,on t w with any prohibited varicty of cotton :
Provided t l ~ the cotton so mixed is not made into
fully pressed b:: 1;s and is used in such fi ctory exclusively in the ma nufacture of yarn 01- cloth.
(2) The or person io charge of the factory shall
maintain or clusc to be maintained a register containing a daily record of cotton other than standard cotton received
into, an l use.! in, the factory. He shall preserve such
regir+-r for a p:;.iod of not less than two years from the date ot tne last entry made therein.
(3) The owner or person in charge oft he factory shall produc~ the regiut~br mrintained u n d ~ r iuh-iection (2) when required t u d3 iCj b;~ 152 Dircc-o: r,: i.,;~ k:.: p ;r;itn :,vthfp riz-;..;' by ir : 2: .: b,I-~u"*
Penalties* 5. (1) Any prrson who, in any controlled are?, in con. travcntion of the provisions of this Act or of pny notifica- tion issued or rule ma de thereunder,--
(a) culti~ates any prohibited variety ~f cotton, or
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(b) mixes or causes to be mixed any variety of
standard cotton with any other variety of stall -3ard cotton or
with any prohibited varieiy of cotton or possesses, uses, or
trades in, any vtrricty of standard cotton mixed with any
other variety c f' S% n .:ard cottonar possesses, uses, or trpde . in, any prohibl:e:i variety of cotton, whether lnixed with an variety of stsndard cotton or not, or
(c) knowingly in any other manner contravene any rule made und er tbis Act,
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262 Cotton Cmtr~I [I952 1 T.N. Act.XV
if any, claiming any right thereto and the evidence, if any. which he inay produce in support of his cir!irn. :?ov,era of 8. (1) Any oEcer i i u t l ~ o r i ~ ~ d ill t h i s bch;rlS by tlr entry and Government mir.y, bet ween the hours of 6 ir.111. iwd O p.m.---
wzure.
(II) entcr upon any land in a ccntrolled area in which he hnows or has reason to believe that eny prohibited variety of cottclt has been or is being
~u1tivi:tcd in contravention of a notification under sectio~l J, sub-sxtion (I), uproot s t ~ h cotton, or cause it lo bc uprooted, 2.1~d seize t l-ie cottor1 so uprooted ;
(b) enter upon or into any lir.nd, building, ship, vessel, vehicYe or place in a controkd area, in which he bnows or has reason to believe t hat any v~~r i e ty of 1 encetd cotton mixetl w i t h any other variety of standard colton or any prohibifed vari:ty of cotton, whether mixed with any variety of standard cotton or not, is kept in ccnrl P.?
vention of a ncrific;l..tion under section 3, su b-sea ion (I), , and sciae suchcotton.
. (2) (a) Every officer seiaingetry cottonunder sub. section (1) shall fort h w i t L
(i) t alce a sample of the colt cl n seizzd , separcte it then and there into three equal parts and securely paclc
and seal each o f t hem with his seal in the presence of the occupier or person in charge of the land, building, ship, vessei, vciziclc or ykice on or in which such scizurc wcs made and of two witnesses and in case the occupier or psrson afore id wishes to seal them, they shall also be sealed with h s seal ; and
(ii) subject to any rules mad k under section 15, send one of the sealed packages to the Cotton Specialist
aut h ~ i z e d by the Governmentto receiveit ,for examination - and report to the Director, retainanot her such package for his own use and deliver the third sealed package to the o ccu pier or per so n aforesaid .
(b) The officer referred to in ckuse (a) shsll have discretion either to entrust the r e ~ ~ ~ i n d e r of the seized c ~ t t o n to th2 occ~rpier or pcrson aforesaid or 10 make
other ~.rrc?ngmenfi fcr its safe custody. If the officer decides ' o entrust the coxon to the occ~ipier or person aforessid, such occupier or p.rson shtill take charge of the s2me and shsll give an undertaking in writing to pro-
duce i hs s3iti c.jtror~ &fore any Cucr-i :vhen required to do so by the said officer.
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264 Cotton Control [1952: T.N. Act VY offenem 12. Where a person committing any oflence punishable by ,mrPorao under this Act or any rule made thereunder is a company, tlons# eta or an assodation 01 body or 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 deen~ed to be guilty of such offence,
Prolcction 13. No wit, prosecution or other legal proceeding shall for aLb be instituted against any person for anything which is in In ood faith done or intended ro be done under this Act or ~ood faith. g any rule made thereunder. Officers 14. Every offrcer acting or purporting to act in pur-
acting undersuancc of any of the provisions of this Act or any rule
Act public ** b made thereunder shall be deemed to be a public servant savantse within the meaning of section 2 1 of the Indian Penal Code
(Central A(:t XLV o f 1860).
Power t~ 15. (1) The Government may, after previous publica-
rules. tion, make rules to carry out the purposes of this Act.
(2) All rules made under this section shall have effect as if enacted in this Act, Repeal of 16. Tho Madras Cotton Control Act, 1932 (bladras MadrasAot V1I of 1932), is hdreby repealed. Act VXI
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