THE BOMBAY COTTON (STATISTICS) ACT, 1946

[18th November, 1946]

An Act to facilitate the collection of statistics of stocks of Indian raw Cotton in the 3[State of Maharashtra]

WHEREAS it is expedient to facilitate the collection of statistics of stocks of Indian raw cotton in the 4[State]; It is hereby enacted as follows:—

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Bombay Cotton (Statistics) Act, 1946.

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

(3) It shall come into force on such date as the 2[State] Government may, by notification in the Official Gazette, appoint.

SECTION 02: DEFINITIONS

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

(a) "cotton" means Indian raw cotton (including seed-cotton, lint and fly) ;

(b) "Director" means the Director of Agriculture3;

(c) "owner" means the owner of a cotton ginning factory or a cotton pressing factory ;

(d) "trader" means a person other than an owner, carrying on the business of buying   or   selling   cotton for the purposes of gain or profit and includes -

(i) a manufacturer, or

(ii) an importer, who carries on such business,

(iii) a broker or commission agent who contracts for the sale or purchase of cotton for others and stocks cotton on their behalf ;

(e) "year" means a year commencing on the  1^st day of September ;

(f) the expressions "cotton ginning factory" and "cotton pressing factory" have the meanings assigned to them by the Cotton Ginning and Pressing Factories Act, 1925.

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1. Sub-section(2) was substituted for the original, by Mah. 4 of 1961, s. 4.

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

3. The words "State of Bombay"   were   omitted   by   the   Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

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SECTION 03: DELIVERY OF YEARLY RETURNS OF COTTON

(l) Every trader and every owner shall on or before 15th September each year submit to the Director, through such officer as the '[State] Government may by notification in the Official Gazette from time to time specify, a return in the prescribed form of the quantity of cotton in his possession on the last day of the previous year :

Provided that the 1[State] Government may, in any year by notification in the Official Gazette, fix any later date for the submission of returns.

(2) Every return submitted under sub-section (1) shall be signed by the person submitting it.

SECTION 04: RIGHT OF ACCESS, INSPECTION AND SEARCH

The Director and any person authorised by him in writing in this behalf shall have access to every relevant document, book of account or other record in the possession of a trader or owner

and may at any reasonable time with or without notice to the trader or owner, as the case may be, examine and take copies of, or extracts from, the document, book of account or record for the   purpose   of testing the accuracy of any return made under section 3. The Director and person so authorised may ask  any   question   and   make   any   enquiry   necessary   for obtaining any information required for the aforesaid  purpose and shall also have access to   any   premises   where   he   has reason to believe that cotton is stocked.

SECTION 05: USE OF RETURNS OR INFORMATION

The Director may use returns made under section 3 and information obtained under section 4 for—

(a) compiling statistics  required   by   the   Indian Central   Cotton   Committee   constituted   under   the Indian Cotton Cess Act, 1923 ;

(b) such   purposes   in   respect   of  the   matters enumerated  in   List   II   of the   Seventh   Schedule   to   the [Constitution] as the [State] Government may direct.

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

2, This word was substituted for the words and figures "Government of India Act, 1935" by the Adaptation of Laws Order, 1950.

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SECTION 06: RESTRICTION ON PUBLICATION OF RETURNS AND INFORMA­TION

(1)   No   return,   and   no   part of any return, and no information obtained for   the   purposes of  this Act   shall, without the previous consent in writing of the trader or owner

concerned,   or   his   authorised   agent,   be published in such manner as would enable any particulars to be identified as referring to a particular cotton ginning or pressing factory or

the business of a particular trader.

(2) Except for the purposes of a prosecution under this Act or under the Indian Penal Code, no person not connected with the checking of returns or the collection of information under this Act shall be permitted to see any return or information referred to in sub-section (1).

SECTION 07: PENALTIES

If any person—

(a) wilfully   refuses   or   without   lawful   excuse neglects to deliver a return under section 3, or

(b) wilfully delivers or causes to be delivered any such return which he knows to be false, or

(c) refuses to answer or   wilfully   gives   a   false answer to any question or enquiry necessary for obtaining any information for the purposes of this Act, or

(d) impedes the   right   of access   to a   relevant document, book of account   or other   record, or the right of entry conferred by section 4,

he shall for each such offence be punishable with fine which may extend to five hundred rupees, and in the case of a continuing offence to a further fine which may extend to two hundred rupees for each day after the first during which the offence continues; and in respect of a false return or answer the offence shall be deemed to continue until a true return or answer has been delivered or given.

SECTION 08: PENALTY FOR IMPROPER DISCLOSURE OF INFORMATION OR RETURNS

Any person connected with the checking of returns or collection of information under this Act, who, otherwise than in the execution of his duties under this Act or for the purpose of the prosecution of an offence under this Act or under the Indian Penal Code, wilfully discloses any informa­tion given, or the contents of any return made, under this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

SECTION 09: COGNIZANCE OF OFFENCES

No prosecution under section 7 shall be instituted except by or with the previous

sanction in writing of the Director, and no prosecution under section 8 shall be instituted except   by or   with the   previous sanction in writing of the [State] Government.

SECTION 10: PROTECTION FOR ACTS DONE IN GOOD FAITH

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.

SECTION 11: OFFENCE BY CORPORATION

If the   person   contra­vening any of the provisions  of  this   Act is a company   or

other body corporate, the secretary,  manager or other principal officer managing the affairs of  such company or body, as the case may be, shall be deemed to be guilty of such contra­vention.

SECTION 12: EXEMPTIONS

The *[State] Government may by general or special order exempt any trader or class of traders

from the operation of this Act.

SECTION 13: POWER TO MAKE RULES

(l) The *[State] Government may, subject to the condition of previous   publication, make

rules for carrying out the purposes of this Act.

(2) Without   prejudice to the   generality of the fore­going powers, rules may be made under this section —

(a) prescribing the form in   which a return under section 3 shall be delivered, and

(b) regulating the   exercise of  the right of access to books of account, records and documents and the right of entry conferred by section 4.

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

*[(3) All rules made under this section shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make, during the session in which they are laid or the session immediately following and publish in the Official Gazette.]

THE BOMBAY COTTON (STATISTICS) RULES, 1947

G.N., F.D., No. 6280/33-D, dated 3rd July, 1947  (B.G , Pt. IV-B, p 359) Amended by G.N., F.D., No. 6280/33, dated 14th August, 1947. Amended by G.N., L.D., No. 11576, dated 14th August, 1950. Amended   by   G N.,   A.F. & F.D.,   No.   ACT.   1458-B, dated 28th November, 1963 (M.G., Pt. IV-B, p. 1664).

In exercise of the powers conferred by section 13 of the Bombay Cotton (Statistics) Act, 1946 (Bom. XXVII of 1946) the Government of Bombay is pleased to make the following rules, namely :—

1.    Short   title   '[and   extent] :-'[(l)] These   rules may be called the

Bombay Cotton (Statistics) Rules, 1947.

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

2.    Definitions :—In these rules, unless  there is anything repugnant in

the subject or context —

(1)               "Act" means the Bombay Cotton (Statistics) Act, 1946 ;

(2)               "Form" means the form appended to these rules ;

(3)               Words   and   expressions not defined in these rules but defined in

the Act shall have the meanings assigned to them in the Act.

3.    Form   of return   under section  4 of the Act :—(1)   The return to

be submitted to 2[the Director of Agriculture,   Maharashtra State, Poona,] in

accordance with section 3 of the Act shall be in Form 'A' hereto appended.

(2) A copy of the form duly filled in shall be sent to the 2[Superin­tending Agricultural Officer of the Division].

4.    Exercise of the right of access, inspection and search under section 4

of the Act :—The Officers authorised under section 4 of the Act shall exercise

the right   of  access, inspection and   search conferred by that section during

any time between sunrise and sunset,