Maharashtra act 030 of 1942 : The Bombay Cotton Control Act, 1942.

Section 1.Short title and extent.

(1) This Act may be called the Bombay Cotton Control Act, 1942.

¹[(2) It extends to the whole of the State of Maharashtra.]

1. Sub-section (2) was substituted by Mah. 47 of 1962, s. 5.

Section 2.Definitions.

In this Act, unless there is anything repugnant in the subject or context,-

(a) "controlled area" means an area specified in a notification under section 3 ;

(b) "cotton" includes cotton plant, ¹[ginned cotton, unginned cotton (kapas)], cotton waste and cotton seed ;

²[(c) "Director of Agriculture" means the officer appointed for the time being by the State Government to be the Director of Agriculture, State of Maharashtra and includes any officer appointed by the State Government to exercise all or any of the powers conferred, and to perform all or any of the duties imposed, on the Director of Agriculture by or under this Act ;]

(d) "prohibited variety of cotton" for any area means the variety of cotton the cultivation of which is prohibited in such area under sub-clause (ii) of clause (a) of sub-section (2) of section 3 ;

(e) "standard cotton" for any area means the variety of cotton the cultivation of which is permitted in such area under sub-clause (i) of clause (a) of sub-section (2) of section 3.

1. These words were substituted for the words "ginned and unginned cotton" by Mah. 47 of 1962, s. 6(1).

2. Clause (c) was substituted for the original by Mah. 47 of 1962, s. 6(2).

Section 3.Power to fix in any area variety of cotton which may be cultivated, etc.

(1) (a) The ¹[State] Government may, by notification in the Official Gazette, in respect of any local area specified in the notification, declare its intention of-

(i) fixing the variety of cotton the cultivation of which shall be permitted in such area,

(ii) prohibiting the cultivation of any other variety of cotton in such area,

²[(iii) prohibiting in such area the mixing of any standard cotton with any other standard cotton or of the variety of cotton specified in sub-clause (ii) with any standard cotton, and

(iv) prohibiting or restricting in such area the prosecution or use of, or trade in, any standard cotton mixed with any other standard cotton or the variety of cotton specified in sub-clause (ii), whether or not mixed with any standard cotton.]

(b) Every such notification shall also be published in the regional language of the area and in such manner as the Collector thinks fit at the Office of the Mamlatdar ³[Tahsildar] or Mahalkari in such area and in every town and village, persons residing in which are, in the opinion of the Collector, likely to be affected by such notification.

(c) Every such notification shall state that any objection or suggestion which may be received by the ⁴[State] Government within the period specified in the notification, which shall be not less than ⁵[two months] from the date of the notification, shall be considered by the ⁶[State] Government.

(2) (a) After the expiry of the period specified in the notification issued under sub-section (1) and after considering such objections and suggestions as may be received by it within such period, the ⁷[State] Government may, by notification in the Official Gazette, in respect of the local area specified in the notification issued under sub-section (1) or any part thereof-

(i) fix the variety of cotton the cultivation of which is permitted in such area,

(ii) prohibit the cultivation of any other variety of cotton in such area,

⁸[(iii) prohibit in such area the mixing of any standard cotton with any other standard cotton or of the variety of cotton specified in sub-clause (ii) with any standard cotton, and

(iv) prohibit or restrict in such area the possession or use of, or trade in, any standard cotton mixed with any other standard cotton or the variety of cotton specified in sub-clause (ii), whether or not mixed with any standard cotton.]

(b) Every such notification shall also be published in the regional language of the area and in such manner as the Collector thinks fit at the office of the Mamlatdar ⁹[,Tahsildar] or Mahalkari in such area and in every town and village, persons residing in which are, in the opinion of the Collector, likely to be affected by such notification.

1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2. These clauses were substituted for the original by Bom. 63 of 1947, s. 3.

3. This word was inserted by Mah. 47 of 1962, s. 7.

4. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

5. These words were substituted for the words "three months" by Mah. 47 of 1962, s. 7.

6. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

7. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

8. These clauses were substituted for the original by Bom. 63 of 1947, s. 3.

9. This word was inserted by Mah. 47 of 1962, s. 7.

Section 3A.Permission to factories to mix standard cotton with any other standard cotton or any prohibited variety of cotton with standard cotton.

¹[3A. Permission to factories to mix standard cotton with any other standard cotton or any prohibited variety of cotton with standard cotton.- (1) Notwithstanding anything contained in section 3 or any notification issued thereunder, the ²[State] Government may, by notification in the Official Gazette, permit any standard cotton to be mixed with any other standard cotton or any prohibited variety of cotton to be mixed with any standard cotton in any factory in which cotton is manufactured into yarn or cloth :

Provided that the mixed cotton-

(a) is not made into fully pressed bales, and

(b) is used in such factory exclusively in the manufacture of yarn or cloth.

(2) The owner or person in charge of the factory shall maintain or cause to be maintained a register containing a daily record of cotton other than standard cotton received into and used in the factory. He shall preserve such register for a period of not less than two years from the date of the last entry made therein.

(3) The owner or person in charge of the factory shall produce the register maintained under sub-section (2) when required to do so by the Director of Agriculture ³** or any person appointed by him in this behalf.]

1. This section was inserted by Bom. 63 of 1947, s. 4.

2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

3. The brackets and words "(Extension and Rural Development)" were deleted by Mah. 47 of 1962, s. 8.

Section 4.Penalty.

¹[(1)] Any person, who in any controlled area, knowingly and in contravention of the provisions of this Act or of any notification issued or rule made thereunder-

(a) cultivates any prohibited variety of cotton shall, on conviction, be punished with fine which may extend to twenty rupees for the first offence and to fifty rupees for every subsequent offence.

²[(b) mixes or causes to be mixed any standard cotton with any other standard cotton or any prohibited variety of cotton with the standard cotton, or

(ii) possesses, uses or trades in, any standard cotton mixed with any other standard cotton or any prohibited variety of cotton, whether mixed with the standard cotton or not,]

³[shall, on conviction, be punished with fine which may extend to two thousand and five hundred rupees].

⁴[(2) Any owner or person in charge of a factory who-

(a) in contravention of the provisions of sub-section (1) of section 3A makes the mixed cotton into fully pressed bales or uses the mixed cotton otherwise than in the manufacture of yarn or cloth in his factory, or

(b) fails to comply with any of the provisions of sub-section (2) or sub-section (3) of section 3A,

⁵[shall, on conviction, be punished with the fine which may extend to two thousand and five hundred rupees].

⁶[(3) Whoever having been convicted of an offence under clause (b) of sub-section (1), or under sub-section (2) is again convicted of an offence under that clause or as the case may be, that sub-section, shall be punished with fine which may extend to five thousand rupees.]

1. This section was renumbered as section 4(1) by Bom. 63 of 1947, s. 5.

2. These sub-clauses were substituted for the original by Mah. 63 of 1947.

3. These words were substituted for the portion beginning with "shall on conviction" and ending with "for every subsequent offence" by Mah. 47 of 1962, s. 9.

4. This sub-section was added by Bom. 63 of 1947, s. 5.

5. These words were substituted for the portion beginning with "shall on conviction" and ending with "for every subsequent offence" by Mah. 47 of 1962, s. 9.

6. Sub-section (3) was added by Mah. 47 of 1962, s. 9(3).

Section 5.Confiscation.

Whenever an offence under this Act has been committed, all cotton in respect of which an offence has been committed every box, receptacle, package or covering in which such cotton is contained shall be liable to confiscation.

Section 6.Procedure in confiscation.

(1) When in any case tried by a criminal court, the court decides that anything is liable to confiscation under section 5, it may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation.

(2) When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the officer authorised by the ¹[State] Government in this behalf may hold an inquiry and may order confiscation :

Provided that no such order shall be made before the expiration of one month from the date of seizing the thing liable to confiscation or without hearing the person, if any, claiming any right thereto and the evidence if any, which he produces in support of his claim.

1. This word was substituted for the word "Provincial" by the Adaption of Laws Order, 1950.

Section 7.Compounding.

(1) The officer authorised under sub-section (2) of section 6 may accept from any person who is reasonably suspected of having committed an offence under section 4, a sum of money as may be prescribed by rules made under section 14 by way of composition for such offence.

(2) On payment of such sum, such person, if in custody, shall be set at liberty and if proceedings in any criminal court have been instituted against such person in respect of such offence, the composition shall be deemed to amount to an acquittal and no further proceedings shall be taken against such person in respect of such offence.

(3) Notwithstanding anything contained in sub-section (2), it shall be lawful for the Court or the officer authorised under sub-section (2) of section 6 to order confiscation of anything liable to confiscation under section 5.

Section 8.Power of entry and seizure.

(1) Any officer authorised in this behalf by the ¹[State] Government may ²* * *-

(a) enter upon any land in a controlled area in which he knows or has reason to believe that any prohibited variety of cotton has been or is being cultivated in contravention of a notification under section 3, uproot or cause to be uprooted such cotton and seize the cotton so uprooted ; or

(b) enter upon or into any land, building, ship, vessel, vehicle or place in a controlled area in which he knows or has reason to believe that any prohibited variety of cotton, whether mixed with the standard cotton or not, is kept in contravention of a notification under section 3, and seize such cotton.

³[(2) Every officer seizing any cotton under sub-section (1),-

(a) shall forthwith take a sample of the cotton so seized and shall then and there separate the sample into three equal parts, and securely pack and seal each part with his seal in the presence of the occupier, or person in charge of the land, building, ship, vessel, vehicle or place on or in which such seizure was made (hereinafter referred in this section as "person aforesaid") and also of two witnesses ; and where such occupier or person aforesaid desires to seal each of such parts with his seal also the parts shall also be sealed with the seal of such occupier or person aforesaid ;and

(b) subject to rules made under section 14, shall send without delay one of the parts of the sample to such officer as may be authorised by the State Government in that behalf for examination who shall examine the sample and send his report to the Director of Agriculture;

and then

(d) shall either entrust the remainder of the seized cotton to the occupier or person aforesaid (on his giving an undertaking in writing to produce it before any criminal court if the officer requires him so to do), or make other arrangements for its safe custody ; and

(e) shall make a report of such seizure to the nearest Magistrate of the First or Second class having jurisdiction to try the offence committed in respect of cotton, seized specifying therein the particulars of such cotton, and furnish a copy of such particulars to the occupier or person aforesaid.]

(3) The opinion of the officer authorised under sub-section (2) regarding such cotton recorded in any document signed by such officer shall be evidence as to the nature of such cotton in any inquiry, trial or proceeding under this Act.

1. This word was substituted for the word "Provincial" by the Adaption of Laws Order, 1950.

2. The words, figures and letters "between the hours of 6 a.m. and 6 p.m." were deleted by Mah. 47 of 1962, s. 10(1).

3. Sub-section (2) was substituted for the original by Mah. 47 of 1962, s. 10(2).

Section 9.Duty of owner, occupier and person in charge to give facilities for inspection by authorised officer.

(1) Every owner, occupier, or person in charge, of any land, building, ship, vessel, vehicle or place shall give all reasonable facilities to the officer, authorised under sub-section (1) of section 8, to inspect such land, building, ship, vessel, vehicle or place.

(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punishable with fine which may extend to ¹[one hundred rupees.]

1. These words were substituted for the words "twenty rupees" by Mah. 47 of 1962, s. 11.

Section 10.Previous sanction and limitation on prosecution.

No prosecution under this Act shall be instituted without the previous sanction of the Director of Agriculture.

Section 11.Cognizance of offences.

No criminal court inferior to that of a Presidency Magistrate or a Magistrate of the Second Class shall try any offence under this Act.

Section 11A .Magistrate's power to impose enhanced penalties.

¹[11A. Magistrate's power to impose enhanced penalties.- Notwithstanding anything contained in section 32 of the ²Code of Criminal Procedure, 1898 (V of 1898), it shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence authorised under section 4 in excess of his powers under section 32 of the said Code.]

1. Section 11A was inserted by Mah. 47 of 1962, s. 12.

2. Now see the Code of Criminal Procedure, 1973 (2 of 1947).

Section 12.Protection for acts done under this Act.

No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act.

Section 13.Officer acting under the Act to be a public servant.

Every officer acting or purporting to act in pursuance of the provisions of this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

Section 14.Rules.

(1) The ¹[State] Government may make rules not inconsistent with the provisions of this Act for the purpose of carrying into effect the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, the ²[State] Government may make rules for all or any of the following purposes, namely :-

(a) to prescribe the sum of money to be paid by way of composition under section 7 ;

(b) to prescribe the conditions subject to which cotton seized may be forwarded under section 8 ;

³[(c) to regulate the disposal of all articles confiscated under this Act.]

(3) Any such rule may provide that a contravention thereof shall be punishable with fine which may extend to ⁴[two hundred and fifty rupees].

(4) Rules made under this section shall be subject to the condition of previous publication in the Official Gazette.

⁵[(5) All rules made under this section shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following and publish in the Official Gazette.]

1. This word was substituted for the word "Provincial" by the Adaption of Laws Order, 1950.

2. This word was substituted for the word "Provincial" by the Adaption of Laws Order, 1950.

3. Clause (c) was inserted by Mah. 47 of 1962, s. 13(1).

4. These words were substituted for the words "fifty rupees" by Mah. 47 of 1962, s. 13(2).

5. Sub-section (5) was inserted by Mah. 47 of 1962, s. 13(3).

Section 15.Repeal.

The Bombay Cotton Control Act, 1935 (Bom. XXXV of 1935), is hereby repealed :

Provided that any notification issued under section 3 of the Bombay Cotton Control Act, 1935 (Bom. XXXV of 1935), shall be deemed to be issued under sub-section (2) of section 3 of this Act unless and until superseded by any notification issued under the said sub-section :

Provided further that any proceeding in respect of any offence under the Bombay Cotton Control Act, 1935 (Bom. XXXV of 1935), pending at the date of the coming into force of this Act shall be continued and disposed of as if this Act had not been passed.

Section 16.Repeal of M. P. Act. XVII of 1954 and saving.

¹[16. Repeal of M. P. Act XVII of 1954 and saving.- (1) The Madhya Pradesh Cotton Control Act, 1954 (M. P. XVII of 1954), in its application to the Vidarbha region of the State of Maharashtra, shall on the commencement of the Bombay Cotton Control (Extension and Amendment) Act, 1962 (Mah. XLVII of 1962), stand repealed.

(2) Nothing in sub-section (1) shall affect,-

(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder ;

(b) any right, privilege, obligation, or liability acquired, accrued or incurred under the Act so repealed ;

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability, penalty, forfeiture of punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the Bombay Cotton Control (Extension and Amendment) Act, 1962 (Mah. XLVII of 1962), had not been passed :

Provided that, anything done or any action taken (including any notification issued, permission granted, authorization made, sanction given and rules framed) under the Act so repealed shall, in so far as it is not inconsistent with the provisions of the Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.]

1. Section 16 was inserted by Mah. 47 of 1962, s. 14.