_
.
{048 East Pb. Act XXTIL.] coTTON (STATISTICS) 217
THE EAST PUNJAB COTTON (STATISTICS)
Sections.
1.
2.
3.
4.
5.
ACT, 1948.
TABLE OF CONTENTS.
Short title, extent and commencement. Definitions.
Delivery of yearly returns of Indian raw cotton. Right of access to record or document. Use of returns required under section 3 or information
obtained under section 4.
Restrictions on the publication of ret urns and informa-
tion.
Penalties.
Penalty for improper disclos
ure of information and
return.
Cognizance of an offence.
Protection for acts done und
er this Act.
Exemptions.
Power to make rules.
1
1948 : East Pb. Act XXI.] corron (STATISTICS) 219 'THE EAST PUNJAB COTTON (g GCOITON (STATISTICS) A East Punjab Act No. XXIII of 1948.
[Received the assent of His
the 10th April, 1943, ang was first East Punjab Government G A, dpril 12, 1943] azette (
1 2 3
Year No. Short title Whether repealed or otherwise affected by legislation
1948 .. |XXIIT | East Punjab Cotton Amended in part by ¢ i (Statistics) Act, 1948 of Laws Orger, 19};()?1& Adaptation Amended in part by the Adaptation
;)g sliaws (Third Amendment) Order,
Amended in part, Punjab Act No
XX of 19523
Extended to the territories, which
immediately before the 1st Novem-
ber, 1956, were comprised in the
State of Patiala and East Punjab
States Union, by Punjab Act 18
of 1958s.
Amended by the Punjab Reorgani-
sation (Chandigarh) (Adaptation
of Laws on State and Concurrent
subjects) Order, 1968.
An Act to facilitate the collection of statistics of
stocks of Indianraw cotton in the ?[State].
WHEREAS it is expedient to facilitate the collection
of statistics of stocks of Indian raw cotton in the *[State] ;
it is hereby enacted as follows .—
1. (J) This Act may be called the East Punjab Cotton (Statistics) Act, 1948. . . ; Ch (g) It extends to the whole of °[Union territory o! an .
(3;g%tflg1all come into force on such date as tl'le1 *[Central Government] may, by notification 7 in the official Gazette, appoint.
ette
1For Statement of Objects and Reasons, see East Punjab Government Gaze: e
(Extraordinary), 1048, page 277 ; for proceedings in the Assombly, see East Punja ! bly, Extraordinary) of 22nd Ootober, 1952, page 1186 ; for proceedings in the Assembly 'For Statement of Objects and Reasons,
Substituted for the word "Province" by t!
tion of Laws on State and Concurrent Subjects) Order, 1
il A ! {olume I, 1948, pag
es 945—47.
For S'?&Tnlgt{t '])chg?:jgts and Reas'on
s, see Puujab Government Gazette
e e A
e Rea e s
ee Punjab Government Ga
zette
(E"m.uordi"a'?)' R
e he Adaptatio
n of Laws (Third Amend-
o) der 195 o jsation (Chandigarh) (Adam;s!-'bstituted. for the word *"Punjab ™ by the Punjab Reorsg'l'ggt:.uon (Chandiga rl
+Substituted rds "State G
overnment" by ibid.
See m'fificatf:?cfnflr'fof' T4T2-D, dated 13th July, 194
8.
Shorttitle, extent and commence- ment.
2
Definitions. '
X,
2. .In this Act, unless there is anything repugnami the subject or context,— n
220 COTTON (STATISTICS) 1948 : East Ph. Ac¢ X 'Cotton' means Indian raw cotton ingjy,:
@ sfc::ed cotton, lint and fly ; ) ding 'Director' means the Director of Agricultu, ®)] [Union _territory of Chandigarh] and includ:'s every officer who for the time being Performg
the duties of that office for the PUrposes of th,
Act, and is notified accordingly in the offici]
Gazette ;
(3) 'Indian Central Cotton Committee' means the Indian Central Cottcn Committee constituted under Indian Cotton (Cess) Act, 1923 X1V of xm 1923) ; i
(4) 'Owner' means the owner of a cotton ginning factory or a cotton pressing factory and includes . the managing agent or other principal officer of such factory ;
(5) 'prescribed date' means the thirty-first day of August in each year ;
(6) *[State]' means the *[Union territory of Chandi garh] ;
(7) 'trader' means the person carrying on the business of selling or purchasing cotton and includes a broker or 2 commission agent Who makes contracts for the sale or purchase © cotton for others and stocks cotton on their be- alf or any one holding stocks of cotton ; ) the expressions "cotton ginning factory' antf
.cotton pressing factory® shall have the meafi'e O&s, Tespectively, cssigned to them by tHe i A . 9 otton Ginning ang i tories Ach 1 1925 (XIT of 1§25;1. Hpusing . Fac
1Substituted for the word garh) (Adaptation of Laws oq Stat Punjab" by the Punjab Reorganisation ( ¢ and Concurrent Subjects) Order, 1968-
"State of Punjab" by ipig. *Substituted for the Word "Proyjnce» 2Substituted for the words 1950- by the Adaptation of Laws Ordefs
3
XLy 1860,0( 1948 : East Pb. Act XXIII.] corron (STATlsncs) 2
3. (1) Every trader and every ow prepare and deliver or cause to beyprepr;z;l?lheach year Delivery of yearly P the Director a return, in the form nd delivered fturns of Indian o e un der this Act, of the quant prescribed by rufes " "™ under & . ity of co ;
yarieties 11 his possession on the pre};cribedt t(;);;e')f different
(2) Every such trader or owner sh: i geclaration of the truth of the return at thzllfosoutbtst?gggf ¢
(3) Every such return shall be delive post to the Director within seven days o date.
red or sent by
f the prescribed
4. The Director or any person authorised by him in Ri writing in this behalf shall for the purpose of th% Egfiel; rcor o st tion of any statistics required under section 3 have access to any relevant record or document in the possession of any trader or owner and may enter at any reasonable time any premises wherein he believes such record or document to be and may ask any question necessary for obtaining any information required for the aforesaid purpose.
5. The Director may use the returns furnished under ye, of 'returns - section 3 or the information obtained under section 4 for quired under section
such purposes as he may deem fit and may in particular A use such returns or information for the purpose of supply - section 4.
ing any statistics required by the Indian Central Cotton Committee.
6. (1) No individual return made under section 3 Restriction on tho and no }ga}t of such return and no information o'ptamgd_ publicatior in;'cfm';-_ under section 4 shall without the previo us consent in writ- tion.
ing of the trader or owner, as t he case may be, by whom
the return or information was furmshed or given, or hlls
authorised agent, be published in such manner as wct)u g
enable any particulers to be identifi ed as referring ssc;n
particular cotton ginning factory or 2 cotton pressing
factory or the business of any particular trader. e purposes of 2 p
rosecution under
this (Ifgtli);ci%dg rtl:elal In%i
ag Penal Code (XLVH%E tggo
g%
1o person not engaged i
n connection with the co
statistics required under t
his Act shall permit
any indjvidual return
or information I¢ erre
section (7).
4
222 1948 : East Pb. Act XXIIL] cOTTON (STATISTICS) i 1 erson (2) wilfully refuses or wit - ]awfi'l/'f exggeleleag?gct}; to furnish the return requireq ufi?fi; section 3, or () wilfully furmshes or CTIS%S t}) | b e Furg
shed any, such return which he knowi' 1o € false, op © refuses to answer or wilfully gives a false answer to , question asked in exercise of the powers hconferred b sec.ion 4, or if any person impedes the right of accegg to z ment or the right of entry co t rd or docu
?ég-'ercfllf; 2&:&2;04, he shall for each such offence be Punish. able with fine which may extend to rupees five hundreq and in the case of a continuing offence to a further fip, which may extend to rupees two hundred for each day after the first during which the offence continues ; and i respect of a false return or answer the offence shall pe deemed to continue until the true return or answer hag been given or made.
roffence by Corpo- '[(2) If the person contravening any of the provisions ' of this Act, is a company or other body corporate, the Secretary, Manager or other principal officer managing the affairs of such company or body, as the case may be, shall be presumed to be guilty of such contravention.]
,,f.f"f,:,'"y a?;c,os'u"}; _8. If any person engaged in connection with the col- ;'ef"lxnnflommon and Jection of statistics under this Act wilfully discloses any ) information or the contents of any return given or made under this Act otherwise than in the execution of his duties under this Act or for the purpose of the prosecution of an offence under this Act or under the Indian Penal Code gogm'u.nce of an 9. N . offence. excens ) 0 prosecution under_ section 7 shall be instituted
—_— &
., 1Section 7 renumbered i, Punjab Act No. XX of 1952, sectjon 310" () and a new subwsoction (2) added ¥
2Substituted for the words "g (Chandigarh) (Adaptati tate Govey, " Punj; e
) (Adaptation of Lays 02 State ang 'c':"o'fi'c'fmgfit"s'ibjmfbofifr'%%f
5
" Pb. Act XXIIL ] 1948 st XXIIL] corron (STATISTICS) 294 No suit or other legal pfoceed' . ] ~other Ing shall be ingt; J against any person in respect o i ot done wader gtgoo d faith done or intended fo be goa;leyggggrvgfi}: }:\ . B ct. The ![Central Government] m
:
a'y' by (4 ;.1 order, exempt any trad general or .
ecial T Cof this A}::t. er or class of traders from o "
the operat
12. (1) The '[Central Government H 1 condition of previous publication, m]ai?eay f-:fig: i - 002 carrying out the purposes of this Act. or
(2) Without prejudice to the generality of the fore- going POWETS, rules may be made under this section °f§) prescribing the form of the return to be furnished under ; and (b) regulating the exercise of the right of section y
access t0o documents and the right of entry conferred by sec-
tion 4.
«State Government" by the Punjab Reorganisation State and Concurrent Subjects) Order, 196
8. 1Substituted for the words 5 (Chandigarh) (Adaptat ion of Laws on
-Agriculture, dated 8th January, 1949, pub-
1For rules, see notification No. 123
ished in East Punjab Govern ment Gazette, 1949, Part1, pages 44-45.
6