CDJ Law Journals

This Product is Licensed to ,

Change Font Style & Size Show / Hide

Font

Font Size

Font Style

Italic: Bold: Underline:

Act Description : COTTON GINNING AND PRESSING FACTORIES ACT, 1925

Act Details :-

COTTON GINNING AND PRESSING FACTORIES ACT, 1925

12 of 1925

18th March, 1925

"The Indian Cotton Committee which was appointed in 1917 in Chapter XVI of their Report recommended certain measures including the licensing of cotton ginning and pressing factories, to prevent such malpractices as damping, mixing and adulteration, which are injurious to the quality and reputation of Indian cotton. The recommendations of the Committee, however, involved an excessive amount of official interference. The object of the present Bill is to put the trade in a position to protect itseif by providing for the marking of bales and the record of ownership, and by providing further that unmarked bales are not tenderable in fulfilment of a contract, if marked bales are demanded by the purchaser. The Bill also makes provision for the maintenance of register for statistical returns, for the use of correct scales and weights, and for the structural improvement of ginning and pressing factories. The Bill is based on the recommendations of the Indian Central Cotton Committee, and is suppelmentary to the Cotton Transport Act, 1923. " -Gazette of India, 1924, Part V, p. 115.

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:- This Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949), S. 3 (1-1-1950) and to the Union Territories of Manipur and Tripura by theUnion Territories (Laws) Act, 1950 (30 of 1950) , S. 3 (16-4-1950). Vindhya Pradesh, to which also the said Act was extended by this Act, now forms part of Madhya Pradesh - See Act 37 of 1956, S. 9(l)(e). Manipur and Tripura are now States -See Act 81 of 1971, S.9 (w.e.f. 21-1-72). It has been extended to the States merged in the State of- (i) Bombay : see Bom. Act 4 of 1950; (ii) Madhya Pradesh : see M. P. Act 12 of 1950; (iii) Punjab : see Punj. Act 5 of 1950. It has been extended to the Union Territory of Pondicherry by Reg. 7 of 1963 (w.e.f. 1-10-1963). It has been uniformly applied to the whole of Maharashtra by Maharashtra Act I of 1962 and Guj. Act 23 of 1968. The Act is repealed in its application to the State of- (1) Punjab by Punj. Act 2 of 1955, S. 23, read with Punj. Act 18 of 1958, Ss. 4 and 6. (2) Uttar Pradesh by U. P. Act 9 of 1949, S. 2.

STATE AMENDMENTS Gujarat: Amendment in the long title and Preamble is the same as in Maharasthra - Bom. Act 20 of 1958, S. 2 (19-2-1958) and Act II of 1960, S. 87 and Guj. Act 23 of 1968, S. 2(2) (9-12-1968). Maharashtra: In its application to the State of Maharashtra in the long title and Preamble, after the word "factories" insert the words and brackets : "(including the fixation of reasonable rates of charges for the ginning and pressing of Cotton in certain areas, and for matters connected therewith)" - Bom. Act 20 of 1958, S. 2 (19-2-1958).

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

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

1[(2) It extends to the whole of India2[except the State of Jammu and Kashmir].]

(3) It shall come into force on such3date as the4[Central Government] may by notification in the4 [Official Gazette], appoint.

SECTION 02: DEFINITIONS

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

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

(b) "cotton" means ginned or unginned cotton, or cotton waste;

(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, strippings, 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) "Indian Central Cotton Committee" means the Indian Central Cotton Committee constituted under the Indian Cotton Cess Act, 1923, and includes any sub-committee appointed by it to perform any function of the Indian Central Cotton Committee under this Act; and

(g) "occupier" includes a managing agent or other person authorized to represent the occupier;

(h) "prescribed" means prescribed by or under rules made under this Act,

SECTION 03: MAINTENANCE OF REGISTERS

(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 in charge 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 so by any person appointed by the State Government in this behalf, and the owner or person in charge of any cotton-pressing factory shall be bound to furnish to the Indian Central Cotton Committee9if so required by it in writing acopy, certified as correct by the owner or person in charge 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 to 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

(c) 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 in charge 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 an 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.

OBJECTS AND REASONS Sub-section (1).-"It will be more convenient for the owner to maintain not a daily record of the amount of cotton ginned on each day but a record of the dates on which cotton received from any individual was ginned' and the total amount ginned for the individual, as the process of ginning may continue for some days." - S.C.R.

SECTION 04: MARKING OF BALES

(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.

(2) If any bale is removed from the press-house of cotton-pressilg 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.

SECTION 05: RETURNS

(1) The owner of every cotton-pressing factory shall submit to the prescribed authority, within such time and in such form as may be 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 bales pressed in that week.

(2) The16[State Government] shall compile from the weekly returns, and shall publish in such manner as17[it thinks fit], a statement showing the total number of bales pressed in the State 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) If 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 State Government in the18[Official Gazette].

OBJECTS AND REASONS "The return required is a weekly and progressive return for the season........................... The weight to be shown is the average net weight of the bales pressed in that week. We have also made it clear that the owner is not obliged to submit a blank return when the factory is closed, if he has given due notice of the fact. The amount of the fine has been reduced to Rs. 50, as the offence is no more serious than other offences for which the same penalty has been inflicted." -S.C.R.

SECTION 06: SCALES AND WEIGHTS

- (1) No scales or weights shall be used in any cotton ginning or cotton pressing factory other than the scales or weights, if any, prescribed by the23[Central Government] as standard for the district in which the factory is situated.

(2) If in any factory any scale or weight is used in contravention of the provisions 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 sub-section, to five hundred rupees.

SECTION 07: LIABILITY OF LESSEE AS OWNER

- (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 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 registers maintained or to. be maintained from that date and for that period, and for the purposes of Sections 4-,5-24[5A] and6-.

(2) On the termination of the lease the lessee shall hand over to the lessor the registers maintained under S. 3, and the lessor shall forthwith report to the prescribed authority any default of the lessee in complying with the provisions of this sub-seciton 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.

OBJECTS AND REASONS "Where the owner has leased his factory and has nothing to do with the management thereof, the responsibility of maintaining and producing registers is on the lessee during the period of the lease. This section accordingly throws the responsibility on the lessee and makes due provision for the transfer of the registers at the end of the lease. The owner is still responsible for producing the old regsiters." - See S. C. R.

SECTION 08: LIABILITY ON TRANSFER OF OWNERSHIP

- (1) 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 transferor 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.

SECTION 09: STRUCTURAL REQUIREMENTS FOR FACTORIES

- (1) In 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 exits for the bringing in of unginned and the taking out of ginned cotton respectively, and

(b) the factories 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 only roller gins are used where the number of such gins is not more than four.

25[( 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 so 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 presshouse 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 owner 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 provisions of sub-section (1),25[sub-section (1 A)] or sub-section (2), as the case may be.

(b) 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 cl. (a) of this sub-section and the owner and the occupier, if any, shall be jointly and severally 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.

SECTION 10: LIABILITY OF OFFICERS OF A COMPANY

- 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 is liable to the like punishment.

SECTION 11: COGNIZANCE OF OFFENCES

- (1) No prosecution under this Act shall be instituted except by or with the previous sanction of the District Magistrate or a Chief Presidency Magistrate or a Magistrate of the first class specially empowered in this behalf by the26[State Government].

(2) No offence punishable under this Act shall be tried by any Court to that of a Presidency Magistrate or of a Magistrate of the first class.

SECTION 12: POWER OF THE CENTRAL GOVERNMENT TO MAKE RULES

The27[Central Government] may make rules28to 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

29[(c) the standard weights and scales to be used in cotton-ginning and cotton-pressing factories in any part of [the territories to which this Act extends] and the inspection of the same.]

SECTION 13: POWER OF THE STATE GOVERNMENT TO MAKE RULES

The31[State Government] may by notification in the31[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;

(b) the appointment of the authority to whom and the time within which the returns required by32 [Sections 5-and 5A] shall be made;

33[ * * * * * *]

(d) the appointment of authorities for the purposes of Sections 7-;8-and9-;

(e) the manner of service of orders made under S. 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 the31[State 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.

SECTION 14: POWER TO REJECT UNMARKED BALES IN FULFILMENT OF CONTRACTS

- 37[(1)] 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, marked38[with 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.39[* * * * * *]

37[(2) Any bale marked in accordance with the provisions of Section 4-shall, within the meaning of theIndian 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.]

SECTION 15: PROTECTION FOR ACTS DONE UNDER ACT

- 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.

1. Substituted for the former sub-section (2), by A. L. 0., 1950.

2. Substituted for the words "except Part B States," by the Part B States (Laws) Act, 1951 (3 of 1951 ), S. 3 and Sch. (1-4-1951)

3. The Act came into force on 8th August, 1925.

4. Substituted for the words 'Governor-General in Council' and 'Gazette of India', respectively by A. 0., 1937.

9. Said Committee is dissolved - See S. 0. 882 of 1966; G. 1. 1966, Pt. II, S. 3(ii), p. 815.

16. Substituted for "Provincial Government" by A. L. 0., 1950.

17. Substituted for "the Governor-General in Council may direct" by A. L. 0., 1937.

18. Substituted for 'Local Official Gazette' by A. 0., 1937.

23. Substituted for "Local Goernment" by A. 0., 1937.

24. Inserted by the Cotton Ginning and Pressing Factories (Amendment) Act, 1942 (9 of 1942), Section 3 (14-3-1942).

25. Inserted by the Cotton Ginning and Pressing Factories (Amendment) Act, 1939(14 of 1939), S. 2 (28-3- 1939).

26. Substituted by A. L. 0., 1950, for "Provincial Government"

27. Substituted for the words "Governor-General in Council" by A.0., 1937 (1-4-1937).

28. For such rules, see Gazette of India, 1925, Pt. I, p. 728.

31. Substituted by A. L. 0., 1950, for "Provincial Government" and "Local Official Gazette".

32. Substituted for "section 5" by the Cotton Ginning and Presing Factories (Amendment) Act, 1942 (9 of 1942), S. 4 (14-3-1942).

33. Clause (c) was repeated by A. 0., 1937. See now clause (c) of S. 12.

37. Section 14 was re-numbered as sub-section (1) of that section and sub-sec. (2) was inserted by the Cotton Ginning and Pressing Factories (Amendment) Act, 1939 (14 of 1939), S. 3 (28-3-1939).

38. Substituted for "in accordance with section 4,"

39. Proviso was omitted.

THE MAHARASHTRA COTTON GINNING AND PRESSING FACTORIES RULES, 1964

G.N., A.F. & CD., No. CTN. 5563/15837 (I)-B, dated 5th February, 1965*

In exercise of the powers conferred by section 13 of the Cotton Ginning and Pressing Factories Act, 1925 (XII of 1925), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (2) of the said section 13, namely :—

1. Short title and extent :—(1) These rules may be called the

Maharashtra Cotton Ginning and Pressing Factories Rules, 1964.

(2) They extend to the whole of the State of Maharashtra.

2. Definitions :—(1) In these rules, unless the context otherwise

requires—

(a) "Act" means the Cotton Ginning and Pressing Factories Act, 1925 ;

(a) "Committee" means the rate fixing committee appointed under sub-section (2) of section 5-B 2[for the State] ;

(d) "Form" means a Form appended to these rules ;

(e) "Season" means the period commencing on the 1st day of

September and ending on the 31st day of August next following :

(f) "Section" means a section of the Act.

3. Admixture of cotton :—The admixture of cotton within the

meaning of clause (aa) of section 2 means such mixture of different varieties

of cotton in respect of any area, as may be notified by the State Government

in the Official Gazette.

4.               Licence for working factory :—(1)   Every person desiring to work

a factory shall apply for a licence in Form 'A' to ⁸[the Assistant   Director of

Agriculture (Cash Crops) of the district in   which   the   factory   is   situated.

The application shall be accompanied by a treasury   receipt   evidencing   the

payment of licence fee of ten rupees in the treasury.

5. M.G., Pt. 1V-A, p. 167.

6. Subs, by Noti. No. 2873/150265-A-1I, dated 5-3-1975, for "any

local area".

7. Subs, by ibid, for "the Assistant Cotton Extension or Development

officer within the local limits of whose jurisdiction the factory is situated".

(2) Subject to the provisions of the Act or of any conditions imposed

thereunder a licence shall be granted in Form 'B' on payment of the licence

fee aforesaid.

(3)               The licence shall remain in force for a   period of one year from

the date of its commencement, which shall be entered   in   the licence.    On

the expiry of the licence, the licensee may apply   for a fresh   licence   which

shall be granted as provided in sub-rule (2).

(4) In the event of a licence being lost or destroyed a duplicate shall

be issued by the issuing authority on payment of one rupee.

5. Conditions For grant of licence :—(1) No licence for any factory constructed after the commencement of these rules shall be granted, except upon the production of a certificate from the Inspector of Factories, within the local limits of whose jurisdiction such factory is situated that the provisions of sub-sections (1) and (2) or as the case may be, of sub-section (1-A) of section 9 have been complied with.

(2)    In case in which the grant of the certificate referred to in sub-rule

(1) and of the licence are likely to be delayed   owing   to   the   Inspector   of

Factories not being able to verify whether the   provisions of sub-sections   (1)

and (2) of section 9 as the case may   be,   have   been   complied   with   1[the

Assistant Director of Agriculture (cash crops)] may, 2[       x       x       x     on

the production of a certificate from such Inspector of Factories, that—

(i) in the case of a cotton ginning factory, the plans and specifications have been approved by him ; and

(ii) in the case of cotton pressing factory, the flooring of the press house is suitable ;

issue a provisional licence.

(3)    Such licence shall be in Form B' and shall be marked provisional.

It may remain in force for one year, provided   that 1[the Assistant   Director

of Agriculture (cash crops)] may, on the grant of regular licence,   cancel   it

before the expiry of the said period.

⁸[(4) If the Assistant Director of Agriculture (Cash Crops) is of opinion that the ginning or pressing machines of any cotton ginning factory or of any cotton ginning and pressing factory by reason of being outdated or old, adversely affect the quality and out-turn of the lint, he may give a notice to that effect to the owner requiring him to replace such ginning or pressing machines by new machines within a period of one year from the date of such notice. Where any such owner fails to so replace the machines as so required before the expiry of the notice period, the Assistant Director of Agriculture (Cash Crops) may by an order and for reasons recorded in writing refuse to grant the licence until such machines are so replaced".

(5) Any owner who is aggrieved by an order of the Assistant Director of Agriculture (Cash Crops) under sub-rule (4) may within a period of forty-five days from the date of receipt of the order appeal to the State Government and the decision of the State Government in the appeal shall be binding on such owner].

1. Subs, by Noti. No. 2873/150 265-A-II, dated 5-3-1975, for "the

Assistant Cotton Extension or Development Officer".

2. Deleted by G.N. of 18-4-1967.

?. Added by Noti. No. 2873/150265-A-II, dated 5-3-1975.

6. Registers under section 3.—The forms in which a ginning and press

registers are required to be maintained under Section 3 shall be in Forms 'C

and 'D' respectively.

7.Returns under section 5.—(1) The monthly returns under sub

section (1) of Section 5 showing the quantity of cotton ginned shall be

submitted in Form 'E' not later than the date following the Friday referred

to in that section.

(2) The statement to be complied under sub-section (2) of Section 5

showing the total quantity of cotton ginned in the State of Maharashtra shall

be in Form 'F'.

(3)               The weekly returns of bales of cotton pressed under sub-section

(3) of Section 5 shall be submitted in Form 'G'    The returns shall be for

seven days ending on the Friday   of each   week and shall be submitted not

later than the day following such Friday.

(4) The statement to be complied under sub-section (4) of Section 5

showing the total number of bales pressed in the State of Maharashtra shall

be Form 'H',

(5) The returns under this rule shall be submitted to the Director of

Agriculture, Maharashtra State, Poona

8.    Returns under section 5-A.—(1)   The   weekly returns under sub

section (2) of section 5-A   showing   the   quantity of cotton ginned shall be

submitted in Form '1' to the Director of Agriculture, Maharashtra   State,

Poona.

(2) The statement to be complied under sub-section (3) of Section 5-A showing the total quantity of cotton ginned in the State of Maharashtra shall be in Form 'J

9. Last weekly return to contain statement of factory finally ceasing

to work for season.—When any factory finally ceases work for the season, a

statement to that effect shall be made in the last weekly return.

10. Particulars of Cotton Ginning Factories.—The particulars of a

cotton ginning factory shall be entered in the register maintained under sub-

section (2) of Section 3 and shall include the name of the factory, its situation and the name of the owner or lessee.

11. Proportion of seed.—The proportion of seed for the purpose of

clause (a) of sub-section (2) of Section 3-A shall be one per centum.

12. Authority competent to give certificate of moisture.—(1) For the

purpose of Section 3-A, the Director of Agriculture, the Superintending Agricultural Officer of the Division concerned, or the [Deputy Director of Agriculture] shall be the authority competent to give a certificate that cotton contained caked material or patches due to deliberate watering or, as the case may be, the normal quantity of moisture which a given quantity of cotton should have and the quantity of moisture which it actually possesses.

(2) Such certificates may be based either—

(a) on the report of such members of the East India Cotton

Association not less than two in number, selected by the Board of Directors

of the East India Cotton Association at the request of the Director of

Agriculture from the panel of arbitrators elected under the rules in force for

the time being of the said Association, or

(b) in the case of certificate regarding caked material or patched

in cotton on personal inspection of the cotton by the concerned officer, or

(c) in the case of certificate regarding normal quantity of moisture

on an analysis of cotton carried out at any Agriculture Research station of

the Department of Agriculture in the State of Maharashtra or at the laboratory

of the Indian Central Cotton Committee. Matunga, Bombay at the request of

the Director of Agriculture.

13.    Complaint of offences.—(1)    Every complaint of contravention of

the provisions of Section 3-A   or 3-AA in   respect of any cotton, package or

bale, shall be made in writing to a Government   servant not below the rank

of a Superintending Agricultural Officer of the Division in which cotton was

pressed and   shall be accompanied by a sample of the cotton complained of

and a fee of fifty rupees   in respect   of cotton   and an   additional fee of ten

rupees for each package or bale actually opened for examination (the number

of bales so opened being not loss than 20 per cent of the whole consignment).

(2) The fee payable by the complainant under sub-rule (1) shall be

refunded, if the complaint is found to be true or justified.

If the complainant is not in possession of the cotton, package or

bale in respect of which the contravention of the provisions of Section 3-A,

or 3-AA is alleged to have taken place, complaint shall be sent by registered

post to the Director of Agriculture or the Superintending Agricultural Officer

of the Division in which the factory is situated. On receipt, of a complaint, the Director of Agriculture or as the case may be, the Superintending Agricultural Officer shall make or cause to be made such investigation as he considers to be necessary, and if he is satisfied, that there are prima facie grounds for proceeding with the complaint, shall arrange to have the subject matter of the alleged offence seized and sealed in the manner prescribed in Rule 15 and shall forward it, together with a copy of the complaint and other relevant particulars to the person authorised to examine the cotton, package or bale.

•-Subs. by Noti. No. 2873/150256-A-II, dated for "Cotton Extension Officer".

(4) The officer to whom the complaint is made shall, on receipt of such complaint either himself examine the cotton, package or bale in respect of which the complaint has been or cause it to be examined, by any other authority prescribed by Rule 14.

14. Authority competent to examine cotton, etc.—(1) The authorities

competent to examine such cotton or the contents of such package or bale

shall be,—

(a) the Director of Agriculture,

(b) the Superintending Agricultural Officer of the Division

concerned, or

(c)              any two persons appointed by the Board of Directors of the

East India Cotton Association at the request of the Director of   Agriculture

from   the panel of arbitrators elected under the   rules in force for the time

being of the said Association.

(2) An appeal shall lie against the decision of the two persons, appointed under clause (e) of sub-rule (1) to the Appeal Committee of the Association. The decision of these two persons, if no appeal is filed against their decision within seven days or of the Appeal Committee of the Association if an appeal has been filed, shall be final.

15. Manner of sealing under Section 3-C—All things seized during

inspection under Section 3-C, including packages or bales examined under

Rules 13 and 14 shall be sealed with the official seal of the officers and also

with the seal, if any, of the owner or the person in charge of the factory, in

case he so desires.

16. Rank of Government servant for purposes of Section 3-C.—The

rank of Government servant for the purposes of Section 3-C shall not be

below that of Agricultural Officer.

*[17. Appointment of Representative on Committee.—As soon as may be after an order is made under sub-section (1) of Section 5-B, the State Govt. in consultation with the Director of Marketing shall, by notification in the Official Gazette, appoint on the Rate Fixing Committee four representatives of the growers of cotton, four representatives of the owners of the cotton ginning or cotton pressing factories in the State, and one representative who (not being Government servant) possesses special knowledge of, or experience in, the ginning and pressing of cotton or of cotton trade.]

* Subs, by Noti. No. 2873/150265-A-II, dated 5-3-1975.

¹[18. Terms of office of non-official members of Committee—(1)

Every non-official member of a Committee shall hold office for a period of three years commencing on the date of his appointment but shall continue in office until his successor is duly appointed :

Provided that, the State Government may extend the said period by a further period not exceeding twelve months, as it may decide.

(2) A non-official member shall, unless disqualified or removed from office, be eligible for reappointment.]

19. Vacancy of non-official member of Committee.—(1) If a non-

official member—

(a) dies, or

(b) is absent 1[without permission for 1[more than three}

consecutive meetings of the committee, or

(c) leaves the 2[State of Maharashtra] with the intention of being

absent therefrom for more than two consecutive months, or

(d) resigns, or

(e) refuse to act, or becomes incapable of acting as a member or,

(f) is removed by the 3[State Government].

he shall cease to be a member of the committee.

(2) Any such member may resign his office by writing under his hand addressed to the Chairman of the Committee 4[and his office shall on acceptance of the resignation by the Chairman, become vacant.]

20. Casual vacancies how to be filled:- Casual vacancies of non-official

members shall be filled in, as soon as practicable, in the manner provided for

appointment of such members. Any person appointed to fill a casual vacancy

shall hold office so long only as the member in whose place he is appointed

would have held it, if the vacancy had not occurred.

21. Business of Committee.—(4) The ³[Director of Marketing] shall

convenue a meeting of the committee at such place, on such date and at such

time, as be may deem fit.

22. Subs, by Noti. No. 2873/150265-A-II, dated 5-3-1975, "for more

than two".

23. Subs, by Noti. No. 150265-A-II, dated 5-3-1975, for "local area".

24. Subs, by ibid, for "Collector".

25. Subs, by ibid, for "shall therefrom become vacant".

(2) Seven clear day's notice of a meeting and three clear day's notice

of an adjourned meeting, specifying the time and place at which such meeting

is to be held, and the business to be transacted there at, shall be given to

every member of the Committee :

Provided that, failure to give notice to any member due to wrong address given by the member or to his absence from his residence shall not invalidate in any way the proceedings of the Committee.

(3) Four members of the committee (out of whom one at least is a

representative of cotton growers and one of the owners of factories) shall

form a quorum :

1[x x x x x x

(4) All questions shall be decided by a majority of votes of the

members present and voting, the Chairman having a second or casting vote in

all cases of equality of votes.

(5) The proceeding of the committee shall be recorded under signa

ture of the Chairman in a register to be kept for the purpose which shall be

open for inspection by any member of the committee at a reasonable time.

(6) No act done by the committee shall be questioned on the grounds

merely of the existence of any vacancy in the committee, or by reason of the

casual and unforeseen absence of any of the members during any stage of

the proceedings thereof.

22. Maximum rates for ginning or pressing cotton —In fixing the maximum rates for ginning of cotton, the committee shall take into consideration the following matters among other matters, namely :—

(a) 2[quantity of cotton] to be ginned or pressed ;

(b) ginning outturn ;

(d) cost of fuel ;

(e) railway freight ;

(f) quantity of cotton crop to be handled;

(g) cost of stores;

(h) type of machinery in use;

(i) municipal and other taxes;

(j) insurance charges;

(k) depreciation charges of machinery and building;

1. Deleted by Noti- No. 150265-A-II, dated 5-3-1975. 2. Subs, by Noti. No. 2873/150265-A-II, dated 5-8-1975.

(1)- reasonable rate of interest not exceeding 1[12 per cent.] on the invested capital minus the accumulated depreciation fund.

²[(m) cost of hessien and iron strips;

(n) cost of marketing of full pressed bales and weighment thereof;

(o) storage charges.]

³[23. Publication of maximum rates.—As soon as the maximum rates for ginning of pressing (or both) of cotton in the State are fixed by the Committee, the Director of Marketing shall communicate by registered post the rates so fixed to all the owners of cotton ginning and pressing factories in the State and shall publish such rates on the notice-boards in the offices of the Collector, Tahsildar and the relevant Village Panchayats and in such other manner as he may think fit for the information of all the cotton growers in the State.]

24. ⁴x x x x x x

25. Authorities for the purposes of sections 7, 8 and 9 :—(a) The

prescribed authority for the purposes of sections 7 and 8 shall be—

(j) Superintending Agricultural Officer of the Division ;

(ii) ⁵[Assistant Director of Agriculture (Cash Crops) of the District.]

(b) The prescribed authority for the purpose of sub-section

(1-A) of section 9 shall be the inspectors appointed under the Factories Act,

1948, for the area in which the factory is situated.

(c) The prescribed authority for the purpose of sub-section (2)

and (4) of section 2 shall be the Commissioner of Labour, Bombay.

(d) The service of any order under section 9 shall be deemed to

have been affected, unless the contrary is proved, if a letter containing the

order is properly addressed and sent by registered post to the owner.

26. Press Marks to be exhibited :—The owner of every pressing

factory shall exhibit in a conspicuous place a notice showing the mark

allotted to the factory under section 12.

27. Repeal and savings :—On the commencement of these rules—

(a) the Bombay Cotton Ginning and Pressing Factories Rules,

1925;

(b) the Central Provinces Cotton Ginning and Pressing Factories

Rules, 1925 ;

1. Subs, by Noti, No. 2873/150265-A-li, dated 5-8-1975, for "6 per

cent".

2. Added by ibid.

3. Subs, by for "amount of cotton" ibid.

4. Deleted by ibid.

5. Subs, by ibid.

(d) the Bombay (Pre-reorganisation Bombay, Saurashtra, Hyder

abad and Kutch Areas) Cotton Ginning and Pressing Rate Fixing Rules,

1958 ; and

(e) the Bombay (Hyderabad Area) Cotton Ginning and Pressing

Factories Rules, 1959 ;

shall stand repealed, except as respects things done or omitted to be done before such repeal.

Act Type :- Central Bare Acts

CDJLawJournal