The West Pakistan Cotton Control Ordinance 1966

THE WEST PAKISTAN COTTON CONTROL
ORDINANCE, 1966.
(WEST PAKISTAN ORDINANCE NO. XX OF 1966)

CONTENTS


PREAMBLE
Sections.

  1. Short title, extent and commencement.
  2. Definitions.
  3. Constitution of Cotton Control Board and Advisory Committees.
  4. Powers and duties of the Board and the Advisory Committees.
  5. Inspectors.
  6. Administration of the Ordinance.
  7. Licence for working Cotton Ginning or Cotton Pressing or Cotton Seed Oil Factories.
  8. Maintenance of Registers.

9.         Liability on change of occupancy.

  1. Returns of a ginning factory.
  2. Returns of a pressing factory.
  3. Returns of a coton seed oil factory.
  4. Marking of bales.
  5. Scales and weights.
  6. Structural requirements .
  7. Prohibition on admixture of different varieties of cotton. .

Sections.

  1. Punishment for admixture, adulteration and watering coton.
  2. Determination of occupiers for purposes of punishment under this Ordinance.

19.       Cognizance of offences.

  1. Power to reject un-marked bales in fuilment I of contracts.
  2. Growing of particular varieties.
  3. Power to issue notification prohibiting import of cotton into specified areas.

23.       Refusal to carry unlicensed cotton.

  1. Procedure when cotton arrives at a place within a notified area.
  2. Pure Seed.
  3. Regulation of the price of cotton.
  4. Grading and marketing of coton
  5. Protection of persons acting under this Ordinance.
  6. Power to exempt from the Ordinance and Rules.
  7. Power of Government to frame Rules.

31.       Repeal 3and Savings.

 

1THE WEST PAKISTAN COTTON CONTROL
ORDINANCE, 1966.
WEST PAKISTAN ORDINANCE NO. XX OF 1966.
[11th May, 1966]
AN
ORDINANCE
to amend and consolidate the law relating to control over the production, processing and sale of cotton, and other matters incidental thereto.


            WHEREAS it is expedient to amend and consolidate the law relating to control over the production, processing and sale of cotton, and other matters incidental thereto;

Preamble.

AND WHEREAS, the Provincial Assembly of West Pakistan is not in session, and the Governor of West Pakistan is satisfied that circumstances exist which render immediate legislation necessary;
NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of Article 79 of the Constitution , the Governor of West Pakistan is pleased to make and promulgate the following Ordinance :—


1.         (1) This Ordinance may be called the West Pakistan Cotton Control Ordinance, 1966.

Short title extent and commencement.
  1. It extends to the whole of the Province of 2[North-West Frontier Province] except the Tribal Areas.
  2. It shall come into force at once.

2.         In this Ordinance, unless the context otherwise requires the following expressions shall have the meanings hereby respectively assigned to them, that is to say—

Definition
  1. ''admixture of cotton" means such mixture of varieties of cotton as may be prescribed.
  2. "Advisory Committee" means a committee established under section 3;

1.   This Ordinance was approved by the West Pakistan Provincial Assembly under Article 79 (3) of the Constitution at its meeting held on 8th June 1966, see Gazette of W. P. 1966 Extraordinary pages. 1677 to 1677-L.
2.   In section (1). sub-section (2) the words "Province of West Pakistan”  the words "North- West Frontier Province" subs. by N. W. F. P. Adaptation of Laws Order, 1975.

 

  1. "bale" means any pressed package of cotton of whatever size or density;
  2. "Board" means the Cotton Control Board established under section 3;
  3. "cotton" means ginned or unginned cotton or pressed and baled cotton or cotton waste;

(f)      "cotton dealer" means a person or a firm or a company, dealing in cotton, which received five hundred mounds or more of cotton or cotton seed in any one month during the cotton year;
(g)     "cotton ginning factory" means any premises including the precincts thereof, where cotton ginned or where cotton fibre is separated from cotton-seed by any process whatever involving the use of power;
(h)     "cotton pressing factory" means any premises, including the precincts thereof, in which cotton is pressed into bales with the aid of power;
(i)      “cotton seed oil factory" means any premises including the precincts thereof, where cotton seed is pressed, with the aid of power, for the extraction of oil, whether or not the same machinery is used for the extraction of oil from any other type of seed;
(j)      "cotton waste" includes droppings, striplings fly, fuzz 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;
(k)     "cotton year" means the year beginning from 1st September to 31st August of the following year;
(l)      "Director of Agriculture", "Deputy Director of Agriculture" and "Extra Assistant Director of Agriculture" respectively mean the persons appointed by Government to perform the functions of a Director of Agriculture, a Deputy Director of Agriculture or an Extra Assistant Director of Agriculture, as the case may be;

 

(m)    "factory" means a cotton ginning or cotton pressing or a cotton seed oil factory, as the context may require;
(n)     "Government" means Government of 1[North-West Frontier Province].
(o)     "licence" means a licence granted under this Ordinance;
(p)     "cotton market" means any building or area where transactions in ginned or unginned cotton, or in cotton seed, whether spot or forward, are conducted for the time being;
(q)     "notified area" means an area notified as such under
section 22;
(r)      "occupier" means the person who has ultimate control of the affairs of a factory, and includes the Manager or Managing Agent of the factory and any other person or persons authorised to represent the occupier:
(s)      "power" mean power generated by electricity or heat engine, and includes any other power except animal and human power;
(t)      "prescribed" means proscribed by rules made under this Ordinance;
(u)     "pure seed" means such cotton seed as has been declared pure by the prescribed authority;
(v)     "variety" means any variety of cotton approved by Government and notified under this Ordinance.


3.         (1) Government shall establish for the whole of West Pakistan a Cotton Control Board.
  1. Government may also constitute Advisory Committee for the Province or parts thereof
  2. The Board and each Advisory Committee shall be constituted in such manner and shall consist of such number of members as may be prescribed.

Constitution of cotton Control Board and Advisory. Committees.

4.         The Board and the Advisory Committees shall exercise such powers and perform such functions and their business shall be conducted in such manner and in accordance with such procedure as may be prescribed

Power and duties of the Board and the Advisory Committees.

Inspectors.

5.         (1) Every Director of Agriculture, Deputy Director of Agriculture and Extra Assistant Director of Agriculture shall be an ex-officio Inspector for the purposes o f this Ordinance within his respective jurisdiction.

(2) Government may, by notification, appoint any other officer under its control to exercise and perform all or any of the powers and duties conferred or imposed upon an Inspector by or under this Ordinance, within such local limits as Government may specify.
(3) An Inspector may—

  1. on his own motion or on receipt of a complaint that there has been a contravention of any provision of this Ordinance, cause any cotton or the contents of any package or bale or a sample of cotton taken from a factory in the process of ginning to be examined by the prescribed authority; and
  2. enter into and inspect during the usual working hours any factory for the purpose of ascertaining whether there is, or has been, any contravention therein of any of the provisions of this Ordinance or of any rule made thereunder, or of any of the conditions subject to which a licence has been granted to the factory and take samples from all such articles in respect of which an offence punishable under this Ordinance appears to have been committed.

(4) An Inspector shall exercise such other powers and perform such functions as may be prescribed.


Administration of the Ordinance.

6.         Government may, by notification, appoint an officer to ' to exercise and perform all or any of the powers and duties conferred or imposed on Government under this Ordinance.

Licence for working cotton ginning or cotton pressing or cotton seed oil factories.

7.         (1) No factory shall be worked without a licence and an identification number granted to the occupier thereof by such authority, in such form, subject to such conditions and on payment of such fees, payable for each year or otherwise, as may be prescribed.
  1. A licence granted under this section shall be valid for such period and shall be subject to such conditions as may he prescribed.
  2. A licence granted under this section may be cancelled, or suspended, by the authority competent to grant it, for such period as it may deem fit, on the ground that the occupier of the factory in respect of which the licence was granted has been convicted of an offence under this Ordinance.

 

(4) A licence granted' under this section shall cease to have effect seven days alter the expiry of the cotton year for which the prescribed annual fee payable in respect of the licence has been paid.
(5) If any person works a factory in respect of which licence has not been granted or has been suspended 01 cancelled, he shall be punishable—
(i)      on a first conviction, with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both and, if the offence has continued for more than one day, with an additional fine which may extended to one hundred rupees for each day subsequent to the first day during which the offence has continued; and
(ii)      on every subsequent conviction, with imprisonment which may extend to six months, or with fine which may extend to fifteen hundred rupees, or with both, and, if the offence has continued for more than one day, with an additional fine which may extend to two hundred rupees for each day subsequent to the first day during which the offence has continued


8.         (1) The occupier of every cotton ginning factory shall maintain at the factory in such form as may be prescribed—

Maintenance of Registers.
  1. a register containing the record of the amount of cotton received daily in the factory for ginning, the names of persons from whom it is received, and the quantity received from each person; and
  2. a ginning register containing a record of the dates on which the cotton has been ginned for each person.
  3. The occupier of every" cotton pressing factory shall maintain at the factory, in such form 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.
  4. The occupier of every cotton seed oil factory shall maintain such registers as may be prescribed.

 

  1. The occupier of a factory shall be bound to produce the registers maintained under this section whenever so required by an Inspector and the occupier of a cotton pressing factory shall be bound to furnish to the prescribed authority, if so required by it in writing, a copy, certified as correct by the occupier, of the entry relating to any specified bale, made in the press register maintained at the factory under the provisions of sub-section (2).
  2. No register required to be maintained under this section shall be destroyed until after the expiration of three years from the date of the last entry borne by it.
  3. If

(i)      in any factory, any register required to be maintained under this section is not maintained or is maintained in a form other than the prescribed form ; or
(ii)     any entry in any such register is proved to be false in any material particular; or
(iii)    any such register is destroyed before the expiration of the period referred to in subsection (5),
the occupier of the factory shall be punishable with fine which may extend to five hundred rupees.
(7) If the occupier of any factory fails to produce any register or to furnish a certified copy of an entry when so required under sub-section (4), or furnishes a certified copy of such entry knowing or having reason to believe such copy to be false, he shall be punishable with fine which may extend to fifty rupees, and if he has previously been convicted of any offence under this sub-section, the fine may extend to five hundred rupees.


Liability on change of occupancy.

9.         (1) A change in the occupancy of any factory shall be intimated, in writing to the prescribed authority by both the previous and the new occupier, within thirty days of the date of which the change takes place.

(2) On a change in the occupancy of any factory-Co) the previous occupier shall hand over to the new occupier the registers maintained in respect of the factory under section 8 and obtain from the new occupier a receipt in this behalf; and

 

(b)     the new occupier shall forthwith report to the prescribed authority any default on the part of the previous occupier in complying with the provisions of this sub-section or in maintaining the registers in accordance with the provisions of section 8.
(3) If default is made by previous occupier in handing over to the new occupier any register which he is required to hand over to him or either of them makes default in making any report, the previous or the new occupier, as the case may be, shall be punishable with fine which may extend to five hundred rupees.


10.       (1) The occupier of every cotton ginning factory, shall furnish to the prescribed authority, within such time and in such form as may be prescribed, weekly returns showing the quantity of cotton gained in the factory—

Returns of a ginning factory.
  1. during the preceding week; and
  2. since the commencement of the cotton year to the end of that week.

(2) The prescribed authority shall compile, from the weekly returns received under sub-section (1), a statement showing the total quantity of cotton ginned in the Province during the week to which the returns relate and from the commencement of the cotton year to the end of that week, and publish such statement in such manner as Government may direct.
Provided that the quantity of cotton ginned in any individual factory shall not be published.

  1. If default is made in furnishing any return as required by sub-section (1), the occupier of the factory shall be punishable with fine which may extend to fifty rupees.
  2. Where the occupier of a ginning factory has notified to the prescribed authority that the work of ginning cotton in that factory has been suspended, it shall not be necessary for him to submit weekly returns under sub-section (1) until such work has been resumed.

11.       (1) The occupier of every cotton pressing factory shall furnish to the prescribed authority, within such time and in such from as may be prescribed, weekly returns showing the total number of bales of cotton pressed in the factory—

Returns of a pressing factory

(a)     during the preceding week and their approximate average net weight; and

 

(b)     since the commencement of the cotton year to the end of that week.
(2) The proscribed authority shall compile from the weekly return received under sub-section (1), of statement showing the total number of bales pressed in the Province during the week to which the returns relate and from the commencement of the cotton year to the end of that week, and publish such statement in such manner as Government may direct:
Provided that the number of bales pressed in an individual factory shall not be published.

  1. if default is made in furnishing any return as required by sub-section (1), the occupier of the factory shall be punishable with fine which may extend to fifty rupees.
  2. Where the occupier 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 him to submit weekly returns under sub-section (1) until such work has been resumed.

Returns of a cotton seed oil factory.

12.       (1) The occupier of every cotton seed oil factory shall furnish to the prescribed authority, within such time and in such form as may be prescribed, weekly returns showing the quantity of cotton seed crushed in the factory—

(a)     during the preceding week; and
(b)     since the commencement of the cotton year to the end of that week.

  1. The prescribed authority shall compile from the weekly returns received under sub-section (1), a statement showing the total quantity of cotton seed crushed in the Province during the week to which the returns relate and from the commencement of the cotton year to the end of that week, and publish such statement in such manner as Government may direct:
  2. If default is made in furnishing any return as required by sub-section (1), the occupier of the factory shall be punishable with fine, which may extend to fifty rupees.
  3. Where the occupier of a cotton seed oil factory has notified to the prescribed authority that the work of crushing cotton seed in that factory has been suspended, it shall not be necessary for him to submit weekly returns under sub-section (1) until such work has been resumed.

13.       (1) The occupier 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 factory, with a serial number and with the mark prescribed for the factory.

Marking of bates.

(2) Every bale which contains cotton from the crop relating to the current cotton year mixed with ,cotton from the crop relating to any previous cotton year shall be clearly marked, in the prescribed manner, to distinguish it from the bales containing exclusively cotton from the crop relating to the current cotton year:
Provided that the quantity of cotton seed crushed in any individual factory shall not be published.
(3) If any bale is removed from the premises of any cotton pressing factory without having been marked, as required by subsection (1) or sub-section (2), the occupier of the factory shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both, for every bale of cotton in respect of which such contravention has taken place.


14.       (1) No scales or weights shall be used in any factory other than the scales and weights prescribed under the West Pakistan Weights and Measures Ordinance, 1965 (XXXIII of 1965).

Scale and weights.

(2) If in any factory, any scale or weights are used in contravention of the provisions of sub-section (1), the occupier of the factory shall be punishable with fine which may extend to fifty rupees or, if he has been previously convicted of any offence under this sub-section, with fine which may extend to five hundred rupees.


15.       (1) No person shall commence the construction of any new factory or any extension of an existing factory, which is likely in increase its capacity for ginning or pressing cotton or crushing cotton, seed, unless he has been granted a licence under this Subsection by such authority, in such from, subject to such conditions and on payment of such fees, as may be prescribe.

Structural requirements.
  1. A licence under sub-section (i) shall be valid for such period as may be specified therein, and may be revalidated, on payment of the prescribed fee, for subsequent periods not exceeding two years from the date of issue of the licence by the authority competent to grant the same.
  2. In the case of cotton ginning factories, the construction of which is commenced after the commencement of this Ordinance-
  1. gin-houses shall be provided with separate entrances and exits for the bringing in of unginned and the taking out of ginned cotton, respectively ; and
  2. the factories shall be constructed in accordance with plans and specifications previously approved by the prescribed authority:

Provided that nothing in this sub-section shall apply to any factory in which only roller gins are used and where the number of such gins is not more than four.
(4) In any cotton ginning factory, whether constructed before or after the commencement of this Ordinance—

  1. no alterations or additions, whether structural or in plant or machinery, shall be made so as to minimise the degree of compliance of the factory as a whole with the requirements set fourth in clauses (a) and (b) of sub-section (3); and
  2. every addition, whether structural or in plant or machinery, made after the commencement of this Ordinance, shall be made in accordance with the plans and specifications previously 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 single roller gins, not more than four in number, are left.

  1. The occupier of a cotton ginning factory, whether erected before or after the coming into force of this Ordinance, shall provide in the factory such number of delinting machines as the prescribed authority may, by order in writing, direct.
  2. The occupier of very cotton pressing factory, in which cotton is handled on the ground floor, shall came the pressing house to be paved or provided with other suitable flooring to the prescribed authority.

(7) If the occupier of any factory fails to comply with any of the provisions of this section applicable to the factory or, an order made under sub-section (5), he shall be punishable with imprisonment which may extend to three months or with fine which may extend to five thousand rupees, or with both.

 

(8) Where the occupier of a factory has been convicted of an offence punishable under sub-section (7), the prescribed authority may serve on him an order in writing directing that such alterations shall be made, or so many delinting machines shall be provided in the factory, by a specified date, as in the opinion of the authority, are necessary to secure compliance with the provisions of sub-section (3), (4), (5) or (6), as the case may be.
(9) Where the alterations are not carried out or the delinting machines are not provided, in accordance with the order served on the occupier of the factory under sub-section (8) the prescribed authority may serve on the occupier of the factory an order in writing directing that the work of ginning or pressing of cotton in such factory shall be suspended until the alterations have been, carried out or the delinting machines have been provided in accordance with order made under sub-section (8) .
(10) The occupier of a factory shall be liable to fine which my extend to fifty rupees for each day on which cotton is ginned or pressed in the factory in contravention of an order served on him under sub-section (9).
Explanation.— For the purposes of this section, the equivalents of other types of gins, such as double roller gins and saw gins, in terms of single roller gins, shall be such as may be prescribed.


16.       Government may, by notification, declare that in any area specified in such notification, no cotton which contains an admixture of different varieties of cotton, in excess of the prescribed limits. shall be ginned or pressed in any factory.

Prohibition on admixture of different verities of cotton.

17.       (1) Any occupier of a factory—

  1. who, knowing or having reason to believe that, any cotton is watered or contains seed in excess of the prescribed proportion, or any foreign substance or cotton waste, gins or presses or allows such cotton to be ginned or pressed in such factory; or

Punishment for admixture , adulteration and watering cotton.
  1. who, in any area specified in the notification under section 16. gins or presses or allows to be ginned or pressed any cotton which he knows or has reason to believe to contain an admixture of different varieties of cotton;

8.         Shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both :

 

 

Provided that any occupier of a factory shall be absolved from all responsibility under this section and no proceedings shall be taken against him if before proceeding to gin or press the cotton he had obtained a certificate)—
(i)      in the case of cotton which is alleged to have been watered or to contain seed in excess of the prescribed proportion or any foreign substance or cotton waste, or admixture of cotton, from the prescribed authority authorising the ginning or pressing of such cotton and had marked the bales as mixed; and
(ii)     in the case of cotton which has been ginned in another factory, from the owner of ginned cotton that such cotton was free from such watering, adulteration or mixture as is punishable by or under this Ordinance.
(2) Any owner of cotton who knowingly waters or causes to be watered any cotton to be ginned, or which being already ginned, is intended to be pressed in a factory, or mixes or causes to be mixed other varieties, seed, foreign substance or cotton waste with such cotton, or who abets or knowingly allows or connives at any such act, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
Explanation: For the purposes of this section, cotton shall not be deemed to be watered, unless such cotton contains moisture in excess of the normal quantity, that is to say, the amount of moisture that any given quantity of cotton is reasonably expected to have, regard being had to the place or places and the time or times of the year in which such cotton has been picked, collected, stored, conveyed, left, ginned or pressed.

 

18        (1) Where the occupier of a factory is—

(a)     a firm or other association of individuals, every partner of such firm or member of such association shall be liable to be prosecuted and punished under this Ordinance, for any offence for which the occupier of the factory is punishable;
(b)     a company, all the directors thereof, or, in the case of a private company, all the share-holders thereof shall be liable to be prosecuted and punished under this Ordinance for any offence for which the occupier of the factory is punishable:

 

Provided that the firm, association or company may give notice to the prescribed authority that it has nominated one of its partners or members, or, as the case may be, a director (or, in the case of a private, company, a share-holder) to the occupier of the factory for the purposes of this section, and such partner member, director or share-holder, as the case may be shall thereupon be deemed to be the occupier of the factory for the purposes of this section, until further notice canceling his nomination is received by the prescribed authority or until he ceases to be a partner, member, director or share-holder.


19        No prosecution under this Ordinance shall be instituted except by or with the previous sanction of the prescribed authority and no Court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Ordinance.

Cognizance of offences.

20        (1) Any person, who has made a contract for the purchase of baled cotton, may require that no bales other than bales marked with the mark prescribed under section 13 for the factory in which they were pressed, shall be supplied in fulfillment of such contract, and, if he does so require, no bales not so marked shall be tendered in fulfillment of the contract.

Power to jec unmarked bales in fulfillment of contracts.

(2) Any bale marked in accordance with the provisions of section 13 shall, with in the meaning of the Evidence Act, 1872 (1 of 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.


21.       (1) Government may, by notification, prohibit the growing of all or any varieties of cotton in a particular area.

Growing of particular varieties.

(2) Whoever, in contravention of a notification issued under sub-section (1), grows any cotton or any variety of cotton in an area where its growing is prohibited shall be punishable with fine which may extend to five hundred rupees.


22.       (1) Government may for the purpose of avoiding adulteration in the cotton grown in any area in file Province, by notification, prohibit the import of any cotton or cotton seed or any specified variety or varieties of cotton or cotton seed into an area where their cultivation is forbidden under this Ordinance, by rail, road, air or sea, or by more than one of such means, save under and in accordance with the conditions of a licence granted in the manner, by the authority and on payment of such fee as may be prescribed:

Power to issue notification prohibiting import of cotton into specified areas.

Provided that no such notification shall be deemed to prohibit the import into any notified are of packages containing any kind of cotton samples not exceeding ten pounds avoirdupois in weight.

(2) Delivery to, and the taking of delivery by, any person, at any place situated within a notified area, of any cotton, the import of which into that area is prohibited, shall be illegal unless such person holds a licence for the import of such cotton into that area.


Refusal to carry unlicensed cotton.

23.       (1) Notwithstanding anything contained in the Railways Act, 1890 (IX of 1890), or any other law for the time being in force, no person who receives goods for the purposes of transport, whether by rail, road, river or any other means, shall so receive at, or forward or allow to be carried from, any place any cotton consigned to a place in a notified area, unless both places are in the same notified area, or unless the consignor produces a certified copy of a, licence for the import of the cotton into the notified area in which such place is situated.

(2) A certified copy of a licence where so produced shall be attached to the invoice or way-bill, as the case may be, and shall accompany the consignment to its destination, and shall there be dealt with in the prescribed manner.


Procedure when cotton arrives at a place within a notified area.

24.       (1) When any cotton, the import of which into a notified area has been prohibited, has been consigned to and arrives at the destination in any such area, no person shall, both the place of dispatch and the place of delivery are situated in the same notified area, deliver the cotton to the consignee or any other person until he is satisfied that the consignee holds a licence for the import of the cotton into the notified area; and if the person receiving the cotton or cotton seed is not satisfied that the consignee holds a licence for the import thereof into the notified area, or if within fourteen days from the receipt of the goods the consignee or some person acting on his behalf, does not appear in order to take delivery thereof, he shall return the cotton to the place of dispatch together with an intimation that delivery of the cotton has been refused or has not been taken, as the case may be.
  1. Any person receiving any cotton returned under sub-section (1) shall cause to be served on the consignor a notice stating that the cotton so returned and requiring the consignor to pay the railway freight and any rates, terminal or other charges due in respect of the carriage of the cotton to and from the place to which it was consigned, and such charges shall be deemed to be due from the consignor.
  2. Any person who contravenes the provisions of section 22 or section 23 of who, without reasonable excuse, the burden of proving which shall lie upon him, in contravention of the provisions of sub-section (1) of this section, delivers any cotton to a consignee or other person, shall be liable on first conviction to a fine not

exceeding one thousand rupees, and upon any subsequent conviction, to imprisonment which may extend to three months, or to a fine which may extend to five thousand rupees, or to both.


25.       Government may direct that any cotton which has been reserved wholly or partially for procuring pure seed for sowing purposes by the prescribed authority shall "not be ginned without special permission from the authority, which may be granted subject to such conditions as may be prescribed in this behalf.

Pure seed .

26.       (1) Government may, by notification, fix the maximum and minimum prices which shall be paid for any variety of cotton seed in any cotton market or notified area.

Regulation of the price of cotton.

(2) Whoever, in contravention of a notification issued under sub-section(l), demands or charges, in any market or notified area, for any variety of cotton, a price in excess of or pays a price lower than, the price fixed for that variety for that market or notified area, shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.


27.       Government may by notification regulate the grading and marketing of cotton.

Grading and marking of cotton.

28.       No suit or other legal proceeding shall be instituted against any person in respect of any action in good faith taken under this Ordinance.

Protection of persons acting under this Ordinance.

29.       Government may by notification exempt any factory or class of factories from all or any of the provisions of this Ordinance or the rules framed thereunder.

Power to exempt from the Ordinance and rules.

30.       (1) Government may by notification frame rules consistent with this Ordinance to given effect to the provisions of this Ordinance.

Power of Government to from rules.

(2) In particular and without prejudice to the geniality of the foregoing powers, such rules may provide for all or any of the following matter namely:—

  1. the constitution and functions of the Board and Advisory Committees;
  2. the appointment powers and functions of inspectors;
  3. the conditions for the grant of licences for working factories;

 

(d)     the form in which registers , records and returns shall be maintained or furnished by occupiers of factories and the inspection of such register? and records;
(e)     the allotment of a special mark, to be used by each cotton ginning and pressing factory;
(f)      the manner in which bales shall be marked;
(g)     the persons or bodies authorised to examine bales or cotton seed under sub-section (3) of section 5;
(h)     the substances which shall constitute an admixture of cotton;
(i)      the time within which the returns required by sections 10, 11 and 12 shall be furnished;
(j)      the appointment of authorities for the purposes of sections 7,8, 9, 10, 11, 12, 15, 17, 18, 19, 22 and 25;
(k)     the manner of service of orders made under section 15 ;
(l)      the fees to be paid by the occupiers of factories or by cotton dealers or by managers of companies at the rates to be prescribed by Government, for the development and improvement of agriculture relating to cotton crop, and for meeting the expenses on the administration of this Ordinance;
(m)    the manner in which fees shall be realised or recovered; and.
(n)     any other matter for which provisions is deemed necessary in order to carry out the purposes of this Ordinance.
1[31   ..]

 

Section 31, omitted by N. W. F.'P. Adaptation of Laws Order. 1975.

 

Attachments

Share On: