THE COTTON GINNING AND PRESSING FACTORIES ACT 1925


THE COTTON GINNING AND PRESSING FACTORIES ACT, 1925.

(Act Xn of 1925).
CONTENTS
sections
1.               Short title, extent and commencement.
2.               Definitions.
3.               Maintenance of registers.
4.               Maining of basis.

Returns.

  1. 5-A.           Returns from cotton ginning factories.
    6.               Scales and weights.
    7.               Liability of lessee as owner.
    8.               Liability on transfer of ownership.
    9.               Structural requirements for factories.
    10.             Liability to officers of a company.
    11.             Cognizance of offences.
    12.             Power of the Provincial Government to make rules. •13.    Power of the Provincial Government to make rules.
    14.             Power to reject unmarked bales in fulfilment of contract
    15.             Protection for acts done under Act.

'THE COTTON GINNING AND PRESSING FACTORIES

ACT, 1925
(Act XH of 1925)
[18th March,l925]
An Act to provide for the better regulation of cotton ginning and
cotton pressing factories.

WHEREAS it is expedient to provide for the better regulation of cotton ginning and cotton pressing factories;
It is hereby enacted as  follows:—

 

1.         (1) This Act may be called the Cotton  Ginning and Pressing Factories  Act,   1925.

Short title, extent and commence- ment

            (2)   2[It extends to the whole of Pakistan];
(3) It shall come into force on such date 3as the   4[Central Government] may, by notification in the 5[Official Gazette], appoint.

 

2.    In this Act. unless there is anything repugnant in the subject or context,—

Definitions.

(a) "bale" means any pressed   package of cotton of whatever
size or density;                                                             
            (b) "cotton"  means ginned or unginned   cotton or  cotton waste;

 

1.   For Statement of Objects and Reasons, see Gazette of India, 1924, Pt. V, P. 115; and for report of Select Committee .. see 1925 ibid P1. V, p. 59.

This Act has been extended to the Leased Areas of Balochistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. Ill of 1950): and applied in the Federal Areas of Balochistan, see Gaz. of India, 1937, Pt. I, p. 1499.
2.   Subs, by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of I960), s. 8 and   2nd Sch, with effect from the 14th October , 1951. for sub-section (2), as amended by A. O., 1937 A. O., 1949 and the Federal Laws (Revision and  Declaration Act, 1951  (XXVI  of 1951),
3.             The 8th August, 1925; we Gen R. & O.
4.             Subs by A. O. 1937.                                                                         .
5.             Subs, by A. O. W7 for "Gazette of India".

Cotton Ginning and Pressing Factories        [1925 Act XII]

 

(c) "cotton ginning factory" means any place where cotton is ginned or where cotton fibre is separated from cotton seed by any process whatever involving the use of steam, water or other mechanical power or of electrical power;
(d] "cotton pressing factory" means any factory as defined in the Indian Factories Act, 1911] in which cotton is pressed into bales;
(e) "cotton waste" means droppings, stoppings, fly and other waste products of a cotton mill or of a cotton ginning factory or of a cotton pressing factory but does not include yarn waste;
(f) " 2[Pakistan Central Cotton Committee]" means the 2[Pakistan Central Cotton Committee] constituted under the 3[Cotton Cess (Amendment) Act, 1948], and includes any sub-committee appointed by it to perform any function of the 2[Pakistan Central Cotton Committee] under this Act;
(g) "occupier" includes a managing agent or other person authorised represent the occupier; and
(h) "prescribed" means prescribed by or under rules made under this Act.

Maintenance of registers.

  3. (1) The owner of every cotton ginning factory shall cause to be maintained at the factory in such form, if any, as may be prescribed a ginning register containing a record of all cotton ginned in the factory and of the names of the persons for whom and the dates on which the cotton has been ginned and of the amount ginned for each person.

 

(2) The owner of every cotton pressing factory shall cause to be maintained at the factory in such form, if any, as may be prescribed, a press register containing a daily record of the number of bales press­ed in the factory, the serial number of each bale, and the name of the person for whom it has been pressed.

 

(3) The owner or the person incharge of a cotton ginning or cotton pressing factory shall be bound to produce any ginning register or press register maintained under this section when required to do

1.             Now tho Factories Act, 1934 (XXV of 1934).

2.             Sabs, by A. O., 1949, for "Indian Central Cotton Committee".
3.             Subs. ibid.. for "Indian Cotton Cotton Act, 1923."

[1925 Act XII        Cotton Ginning and Pressing Factories

so any person appointed by the '[Provincial Government] in this be­half, and the owner or person incharge of any cotton pressing factory shall be bound to furnish to the 2[Pakistan Central Cotton Committee] if so required by it in writing, a copy, certified as correct by the owner or person incharge of the factory, of the entry in any press register maintained at the factory relating to any specified bale.

 

            (4) No register required to be maintained by this section shall
be destroyed until after the expiration of three years from the   date of"
the last entry therein.

 

            (5) If ____

 

(a)     in any factory any register  required by this section lo be
maintained is not maintained or is maintained in any form
other than the form, if any, prescribed for the  purpose, or
(b)any entry in any such register is-proved to be   false in any material particular, or
(r)     any such register is destroyed before the expiration   of the period referred to in sub-section (4),

 

the owner of the factory shall be punished with fine which may ex­tend to fifty rupees or, if he has previously been convicted of any offence under this sub-section, to five hundred rupees.

 

            (6) If the owner or the person incharge of any factory fails to produce any register, or to furnish a certified copy of any entry, when required to do so under sub-section (3), or furnishes a certified copy of any entry knowing or having reason to believe such copy to be false, he shall be punished with fine which may extend to fifty rupees or, if he has previously been convicted of any offence under this sub-section, to five hundred rupees.

 

4. (1) The owner of every cotton pressing factory shall cause every bale pressed in the factory to be marked in such manner as may be prescribed , before it is removed from the press, house, with a serial number and with the mark prescribed for the factory.

Marking of bales

1.   Subs, by A. O).. 1937, for "Local Government."

2.    Subs, by A. O., 1949 for "Indian Central Cotton Committee:".

        Cotton -Owning and Pressing  Factories        [1925 Act XII

 

(2) If any bale is removed from the press-house of any cotton pressing factory without having been marked as required by sub-section (1), the owner of the factory shall be punished with fine which may extend to fifty rupees.

Returns.

5. (1) The owner of every cotton pressing factory shall submit to the prescribed authority, within such time and in such form as maybe prescribed, weekly returns showing the total number of bales of cotton pressed during the preceding week and from the commence­ment of the season to the end of that week, and the approximate average net weight of the bates pressed in that week.

 

(2) The 1[Provincial Government] shall compile from the week­ly returns, and shall publish in such manner as 2[it thinks fit], a state­ment showing the total number of bales pressed in the Province dur­ing the week and from the commencement of the season to the end of the week, to which the returns relate:

 

Provided that the number of bales pressed in any individual factory shall not be published.

 

(3) ff default is made in submitting any return as required by sub-section (1) the owner of the factory shall be punished with fine which may extend to fifty rupees.

 

(4) Where the owner of a cotton pressing factory has notified to the prescribed authority that the work of pressing bales in that factory has been suspended, it shall not be necessary for the owner to submit returns under sub-section (1) until such work has been resumed.

 

Explanation.—In this section "season" means the period
notified in this behalf by the * [Provincial Government] in the '[Official
Gazette].

Returns from cotton ginning factories.

4[5-A. (1) This section shall be in force in 5[the Karachi
Division and Balochistan] only, but the Provincial Government
concerned may, by notification in the official Gazette, bring this
section into force in 6[East Pakistan] or the remaining part of the West
Pakistan.

1.             Subs, by A. O., 1937, for "Local Government."

2.             Subs, ibid.: for " the G. G. in C. may direct."
3.             Subs. ibid', for "Joes! official Gazette".
4               S. 5-A ins. by the Cotton Ginning and Pressing Factories (Amdt.) Act, 1942 (IX of 1942)s. 2,
5.             Subs by A. O. 1964.
6.Subs by A. O. 1961.

1925 Act Xilj         Cotton Ginning and Pressing Factories

            (2) The owner of every cotton ginning factory shall submit to the prescribed authority, within such time and in such form as may be prescribed, weekly returns showing the quantity of cotton ginned in the factory during the preceding week and from the commencement of the season to the end of that week.

 

            (3) The Provincial Government shall compile from the week­ly returns so submitted and shall publish in such manner as it thinks fit, a statement showing the total quantity of cotton ginned in the Province during the week and from the commencement of the season to the end of the week, to which the returns relate:

 

            Provided that the quantity of cotton ginned in any individual factory shall not be published.

 

            (4) If default is made in submitting any return as required by sub-section (2), the owner of the factory shall be punished with fine which may extend to fifty rupees.

 

            (5) The provisions of sub-section (4) of section 5 apply to cotton ginning factories and the returns referred to in sub-section (2) of this section as they apply to cotton pressing factories and the returns referred to in sub-section (1) of section 5, and "season" in this section means the season as notified for the purposes of section 5].

 

6.     (I) No scales or weights shall be used in any   cotton  ginning; or cotton pressing factory other than the scale or weights, if any, prescribed by the Central Government] as standard for the district in which the factory is situated.

Scales and weights

            (2) if in any factory any scale or weight is used in contra­vention of the pro visions of sub-section (1), the owner of the factory shall be punished with fine which may extend to fifty rupees, or, if he has been previously convicted of any offence under this sub­section, to five hundred rupees,

 

            7. (1) Where the owner of a cotton ginning or pressing factory has leased the factory for a period of not less than one month in the case of a cotton ginning factory, or three months in the case of a cotton pressing factory, and the lessor retains no interest in the management or profits of the factory and notice of the lease has been given by the lessor and the lessee to the prescribed authority, the

Liability of lessor as owner.

1.    Subs, by A. O. 1937 for L. G.

Cotton Ginning and Pressing Factories        1925 Act Xll

 

lessee shall be deemed to be the owner of the factory, from the date of the notice and for the period of the continuance of the lease, for the purposes of section 3, in respect of the register maintained or to be maintained from the date and for that period, and for the purposes of sections 4, 5 '[, 5-A] and 6.

 

             (2) On the termination of the lease, the lessee shall handover to the lessor the register maintained under section 3, and the lessor shall forthwith report to the prescribed authority any default of the lessee in complying with the provisions of this sub-section or in main­taining the registers in accordance with the provisions of section 3.

 

            (3) If default is made in handing over any register or making any report as required by this section, the lessor or the lessee, as the case may be, shall be punished with fine which may extend to fifty rupees.

Liability on tran-sfer of ownership

            8. (I) On a transfer of the ownership of a cotton ginning or pressing factory the transferor shall hand over to the transferee the registers maintained under section 3, and the transferee shall forthwith report to the prescribed authority any default of the transfer or in complying with the provisions of this sub-section or in maintaining the registers in accordance with the provisions of section 3.

 

            (2) If default is made in handing over any register or making
any report as required by sub-section (1), the transferor or the
transferee, as the case may be, shall be punished with fine which may
extend to fifty rupees.

Structural require- ments for factor- ies.

9.     (1) fn the case of cotton ginning factories   the construction of which is commenced after the   commencement of this   Act —

 

(a) gin-houses shall be provided with separate entrances and exists for the bringing in of unginned and the taking out of ginned cotton respectively, and
(h) the factories shall be constructed in accordance with plans and specifications approved by the prescribed auihority:

 

Provided that nothing in this sub-section shall apply to any factory in which only roller gins arc used where the number of such gins is not more than four.

1.—Ins. by the Cotton Ginning and  Pressing Factories (Arndt.) Act, 1942 (IX of 1942). s. 3.

1925 : Act XII]        Cotton Ginning and Pressing Factories

1[(1-A) In any cotton ginning factory whether erected  before or after the commencement of this Act—

 

(a) no structural alterations or additions, the construction of which commenced after the 27th day of February, 1939, shall be made as to minimise the degree of com­pliance of the factory as a whole with the requirements set forth in clauses (a) and (b) of sub-section (1), and
(b) every structural addition (whether actually attached to any existing structure in the factory or not), the construction of which commenced after the last mention­ed date, shall be constructed in accordance with plans and specifications approved by the prescribed authority:

 

Provided that nothing in this sub-section shall apply to any factory in which, after any alteration or addition has been made, only roller gins are used where the number of such gins is not more than four.

 

(2) Within such period after the commencement of this Act as may be prescribed, the owner of every cotton pressing factory in which cotton is handled on the ground floor shall cause the press-house to be paved or provided with other suitable flooring to the satisfaction of the prescribed authority.

 

(3) If the owner of any factory fails to comply with any pro­vision of this section which is applicable to the factory, he shall be punished with fine which may extend to one hundred rupees.

 

(4) (a) Where the owner of a factory has been convicted under sub-section (3), the prescribed authority may serve on the owne of the factory an order in writing directing that such alterations shall be made in the factory, before a specified date, as in the opinion of the said authority are necessary to secure compliance with the provision of sub-section (1), sub-section (1-A)] or sub-section (2), as the case may be.

 

(6) Where the alterations are not made in accordance with the order served under clause (a) of this sub-section, the prescribed authority may serve on the owner and on the occupier, if any, of the factory an order in writing directing that the work of ginning or pressing cotton in such factory shall be suspended until the alterations have been made in accordance with the order served under clause (a) of this sub-section and the owner and the occupier, if any, shall be

 

1.   Ins. by the Cotton Ginning and Pressing Factories (Amdt. Act 1939 (XIV of 1939),   s.2.

Cotton Ginning and Pressing Factories       [1925 : Act XII

 

jointly and serverally liable to fine which may extend to fifty rupees for each day on which cotton is ginned or pressed in the factory in contravention of the order served under this clause.

Liability of officers of a company

10.   Where the person guilty of an offence under this Act is a " company, every director, manager, secretary and other officer there­of who is knowingly a party to the default shall also be guilty of the like offence and liable to the like punishment.

Cognizance of offences.

11. (1) No prosecution under this Act shall be instituted except by or with the previous sanction of the District Magistrate 1 [ * * * ] or a Magistrate of the first class specially empowered in this behalf by the 2[Central Government].

 

(2) No offence punishable under this Act shall be tried by any Court inferior to that 1[ * * * ] of a Magistrate of the first class.

Power of Central Government to make rules.

  1. The 2[Central Government] may make rules to provide for_

(a) the allotment of a special mark to be used by each pressing factory for the purpose of the marking of bales;
(b) the manner in which bales shall be marked; and
3[(c) the standard weights and scales to be used in cotton ginn­ing and cotton pressing factories in any part of 4[Pakistan] and the inspection of the same].

Power of the Provincial  government to make rules.

13.   The 5[Provincial Government]   may by notification  in the U 6[Official Gazette],   make rules consistent with this Act to provide for all or any of the following matters, namely:—

 

(a) the forms in which registers, records and returns are to be maintained or submitted and the inspection of records and registers;

1.             The words "or a Chief Presidency Magistrate" omitted by A. O., 1949.

2.             The words "Central Government" were subs, by A. O. 1937
3.             Subs, by A. O. 1937, for the original clause (c).
4.             Subs, by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch.       (with effect from the 14th October, 1955), for "the Provinces and the Capita! of the Federation"    which had been subs, by A. O., 1949, for "British India".
5.             Subs, by A. O., 1937, for "Local Government."
6.             Subs, by A. O., 1937 for "local official Gazette".

1925 : Act XII       Cotton Ginning and Pressing Factories

(b) the appointment of the authority to whom and the time within which the returns required by '[sections 5 and 5-A] shall be made;
(c)    2[     *     *     *     *     *     *     *     ]
(d) the appointment of authorities for the purposes of sections 7, 8 and 9;
(e) the manner of service of orders made   under section 9;
(f) the powers of entry and inspection which may be exercised by District Magistrates or by any officer specially empowered in this behalf by the J [Provincial Government];
(g) any other matter which is  to be or may  be prescribed or for which provision is necessary in order to   carry out the purposes of this Act.

 

14.     3[(l)] After the expiration of one year from the commencement] of this Act, any person who has made a contract for the purchase  of' baled cotton may require that no bales other than bales marked 4[with c the mark prescribed under section 4 for the factory in which they were pressed] shall be supplied in fulfilment   of such  contract, and, if he does so require, no bale not so marked   shall  be tenderable in fulfil­ment of the contract;

Power to reject unmarked bales in fulfillment of Contracts

                        5[ *      *          *          *          *]

 

6[(2) Any bale marked in accordance with the provisions of
section 4 shall, within the meaning of the Evidence Act, 1872, be
presumed for all purposes as between the parties to a contract for
the purchase of baled cotton, to have been so marked before leaving
the factory in which it was pressed.]

1 of 1872

15. No suit or other legal proceeding shall be instituted against ] any person in respect of anything which is in good faith done or ° intended to be done under this Act.

Protection for acts done under Act.

1.              Subs, by the Cotton Ginning and Pressing Factories (Amdt.)  Act, 1942 (IX of 1942),  s.4, for          "section 5".

2.              Cl. (c) omitted by A.O., 1937).
3.             Re-numbered by the Cotton Ginning and Pressing  Factories (Amdt.)  Apt, 1939 (XIV  of 1938), s.
Subs, ibid., for "in accordance with section 4".                                                   
5.             Proviso omitted, ibid.
6.             Sub-section (2) added by Act.

Attachments

img here