THE BOMBAY COTTON CONTROL ACT, 1942

[2nd March, 1943]

An Act to provide for regulation and prohibition of the cultivation of any variety of cotton, of the mixing of the prohibited variety of cotton with other cotton and of the possession or use of, or trade in, the prohibited variety of cotton in any part of the 4[State of Maharashtra].

WHEREAS it is expedient in the best interests of the growers of cotton in certain areas in the 4[State of Maharash­tra], the cotton trade and the economic prosperity of 5[the said State] to maintain the quality and reputation of the cotton grown in those areas, and for that purpose in such areas, to fix the variety of the cotton to be grown, to prohibit the cultivation of any variety of cotton, to prohibit the mixing of the prohibited variety of cotton   with any other cotton and to prohibit or restrict   the   possession   or use of, or trade in, the prohibited variety of cotton;

It is hereby enacted as follows:-

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1.This Act was re-enacted by Bom. 63 of 1947, s. 2.

2. For   the   Statement,   see   Bombay   Government   Gazette, 1943,

Part IV, pp. 72 and 73.

3. This   Act   was extended   to the rest of the State (vide Mah. 47 of

1962, s. 2).

4. These words were substituted for the words "Province of Bombay''

by Mah. 47 of 1962, ss. 3 and 4.

5. These words   were substituted   for the words "the said Province''

ibid, s. 4(1).

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SECTION 01: SHORT TITLE AND EXTENT

(l) This Act may be called the Bombay Cotton Control Act, 1942.

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

SECTION 02: DEFINITIONS

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

(a)"controlled area" means an area specified in a notification under section 3 ;

(b)"cotton" includes cotton plant, 3[ginned cotton, unginned cotton (kapas)], cotton waste and cotton seed ;

4[(c) "Director of Agriculture" means the officer appointed for the time being by the State Government to be the   Director   of  Agriculture,   State   of   Maharashtra, and includes any officer appointed by the State Government to exercise all or any of the powers conferred, and to perform all or any of the duties imposed, on the Director of Agriculture by or under this Act ;]

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1.This   paragraph   was   substituted  for paragraphs two and three,

by Mah. 47 of 1962, s. 4(2).

2. Sub-section (2) was substituted, ibid., s. 5.

3. These words were substituted for the wards "ginned and unginned

cotton", ibid., s. 6(1).

4. Clause (c) was substituted for the original, ibid, s. 6(2)

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(c) "prohibited   variety of cotton"   for any area means the variety of cotton the cultivation of which is prohibited   in   such   area   under   sub-clause   (ii) of clause (a) of sub-section (2) of section 3 ;

(d) "standard  cotton"   for   any area means the variety   of   cotton   the   cultivation  of which is permitted in such area under sub-clause (i) of clause (a) of sub-section (2)

of section 3.

SECTION 03: POWER TO FIX IN ANY AREA VARIETY OF COTTON WHICH MAY BE CULTIVATED ETC

(l) (a) The 1[State] Government may, by notification in the Official Gazette, in respect of any local area specified in the notification, declare its intention of—

(i)   fixing  the variety  of cotton the cultivation of which shall be permitted in such area,

(ii) prohibiting the cultivation of any other variety of cotton in such area,

2[(iii) prohibiting in such area the mixing of any standard cotton with any other standard cotton or of the variety of cotton specified in sub-clause (ii) with any standard cotton, and

(iv) prohibiting or restricting in such area the possession or use of, or trade in, any standard cotton mixed with any standard cotton or the variety of cotton specified in sub-clause (ii), whether or not mixed with any standard cotton.]

(b) Every such notification shall also be published in the regional language of the area and in such manner as the Collector thinks fit at the office of the Mamlatdar 1[Tahsildar] or Mahalkari in such area and in every town and village, persons residing in which are, in the opinion of the Collector, likely to be affected by such notification.

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1. This word was substituted for the word "Provincial" by the

Adaptation of Laws Order, 1950.

2. These   clauses   were   substituted   for the original by Bom. 63 of

1947, s. 3.

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(c) Every such notification shall state that any objection or suggestion which may be received by the 2[State] Government within the period specified in the notification, which shall not be less than 2[two months] from the date of the notification, shall be considered by the 2[State] Govern­ment.

(2) (a) After the expiry of the period specified in the notification issued under sub-section (1) and after considering such objections and suggestions as may be received by it within such period, the 2[State] Government may, by notifica­tion in the Official Gazette, in respect of the local area specified in the notification issued under sub-section (1) or any part thereof—

(i) fix the variety of cotton the cultivation of which is permitted in such area,

(ii) prohibit the cultivation of any other variety of cotton in such area,

4[(iii) prohibit in such area the mixing of any standard cotton with any other standard cotton or of the variety of cotton specified in sub-clause (ii) with any standard cotton, and

(iv) prohibit or restrict in such area the posses­sion or use of, or trade in, any standard cotton mixed with any other standard cotton or the variety of cotton specified in sub-clause (ii), whether or not mixed with any standard cotton.]

(b) Every such notification shall also be published in the regional language of the area and in such manner as the Collector thinks fit at the office of the Mamlatdar 1[Tahsildar] or Mahalkari in such area and in every town and village, persons residing in which are, in the opinion of the Collector, likely to be affected by such notification.

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1.This word was inserted by Mah. 47 of 1962, s. 7.

2.This   word   was   substituted for   the   word  "Provincial" by the

Adaptation of Laws Order, 1950.

3.These   words   were   substituted   for   the words "three months"

by Mah. 47 of 1962, s. 7.

4.These clauses  were  substituted   for   the original by Bom 63 of

1947, s. 3.

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SECTION 03A: 1[PERMISSION TO FACTORIES TO MIX STANDARD COTTON WITH ANY OTHER STANDARD COTTON OR ANY PROHIBITED VARIETY OF COTTON WITH STANDARD COTTON

(1) Notwithstanding anything contained in section 3 or any notification issued thereunder, the 2[State] Government may, by notification in the Official Gazette, permit any standard cotton to be mixed with any other standard cotton or any prohibited variety of cotton to be mixed with any standard cotton in any factory in which cotton is manufactured into yarn or cloth:

Provided that the mixed cotton is not made into fully pressed bales, and is used   in   such   factory   exclusively in the manufacture of yarn or cloth.

(2) The owner or person in charge of the factory shall maintain or cause to be   maintained a register   containing a daily record of cotton other than   standard   cotton   received

into and used in the factory.    He shall preserve such register for a period of not less than two years from   the date of the last   entry made therein.

(3) The owner or person in charge of the factory shall produce the register maintained   under  sub-section (2) when required to do so by the Director of Agriculture 3[x       x     x

or any person appointed by him in this behalf]

SECTION 04: PENALTY

4[(1)   Any person, who   in any control­led area, knowingly and in contravention of the provisions of this Act or of  any   notification   issued   or rule made there­under—

(a) cultivates any prohibited variety of cotton shall, on conviction, be punishable with fine which may extend to twenty rupees for the first offence and to fifty rupees for every subsequent offence,

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1.This section was inserted by  Bom. 63 of 1947, s. 4,

2.This   word   was   substituted for   the   word "Provincial" by the

3.Adaptation of Laws Order, 1950.

4.The brackets and words "'(Extension and   Rural   Development)" were deleted by Mah. 47 of 1962, s. 8

5. This section was renumbered as section 4 (1) by Bom. 63 of 1947,. s. 5.

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1[(b) (i) mixes or causes to be mixed any standard cotton with any other standard cotton or any prohibited variety of cotton with the standard cotton, or

(ii) possesses, uses or trades in, any standard cotton mixed with any other standard cotton or any prohibit­ed variety of cotton, whether mixed with the standard cotton or not,]

2[shall, on conviction, be punished with fine which may extend to two thousand and five hundred rupees].

3[(2)   Any owner or person incharge of a factory who, in contravention  of the provisions of sub-sec­tion (1) of section 3-A makes  the   mixed cotton   into fully pressed bales or uses the mixed cotton otherwise than in the manufacture of yarn or cloth in his factory, or fails to comply with any of the   provisions of sub-section (2) or sub-section (3) of section 3-A.

2[shall, on conviction, be punished with fine which may extend to two thousand and five hundred rupees].]

4[(3) Whoever having been convicted of an offence under clause (b) of sub-section (1), or under sub-section (2) is again convicted of an offence under that clause or as the case may be, that sub-section, shall be punished with fine which may extend to  five thousand rupees.]

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1. These sub-clauses were substituted for the original by Bom. 63 of

1947, s. 5.

2. These words were   substituted   for   the   portion   beginning with "shall on conviction" and ending with  "for   every   subsequent offence"  by Mah. 47 of 1962, s. 9.

3. This sub-section was added by Bom.   63 of 1947, s. 5.

4. Sub-section (3) was added by Mah. 47 of 1962, s. 9 (3).

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SECTION 05: CONFISCATION

Whenever an offence under this Act has been committed, all cotton in respect of which an offence has been committed and every box, receptacle, package or covering in which such cotton is contained shall be liable to confiscation.

SECTION 06: PROCEDURE IN CONFISCATION

(1)   When in any case tried by a criminal court, the   court   decides that anything is

liable to confiscation under section 5, it   may,   after hearing the person, if  any,   claiming   any   right   thereto   and   the evidence, if any, which he  produces   in support of his claim, order confiscation.

(2) When an offence under this Act has been commit­ted and the offender is not known or cannot be found or when anything liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the officer authorised by the [State] Govern­ment in this behalf may hold an inquiry and may order confiscation :

Provided that no such order shall be made before the expiration of one month from the date of seizing the thing liable to confiscation or without hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim.

SECTION 07: COMPOUNDING

(1) The officer authorised under sub-section (2) of section 6 may accept from any person who is reasonably suspected of having committed an offence under section 4, a sum of money as   may   be   prescribed   by rules made under   section 14   by way of composition   for   such offence.

(2) On payment of such sum, such person, if in custody, shall be set at liberty and if proceedings in any criminal court have been instituted against such person in respect of such offence, the composition shall be deemed to amount to an acquittal and no further proceedings shall be taken against such person in respect of such offence.

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

(3) Notwithstanding anything contained in sub-section (2), it shall be lawful for the Court or the officer authorised under sub-section (2) of section 6 to order confiscation of anything liable to confiscation under section 5.

SECTION 08: POWER OF ENTRY AND SEIZURE

(1) Any officer authorised in this behalf by the '[State] Government may

[x         x          x          x          x          x

enter upon any land in, a   controlled area in which he knows or has reason to believe that any prohibited variety of cotton has been or is being cultivated in contravention of a notification  under   section 3, uproot or cause to be uprooted such cotton and seize the cotton so uprooted ; or enter upon or into any land,  building,  ship, vessel, vehicle or place in a controlled area in which he knows or has reason to believe that any prohibited variety of cotton, whether mixed with the standard cotton or  not,   is   kept  in

contravention of a notification under section 3, and seize such cotton.

3[(2) Every officer seizing any cotton under sub-section (1)-

shall forthwith take a sample of the cotton so seized   and   shall   then   and   there separate the sample into three equal parts, and securely pack and seal each part with

his   seal   in the presence of the occupier, or person in charge of the land, building, ship, vessel, vehicle or place   on   or   in which   such   seizure   was   made (hereinafter referred in this section as "person aforesaid") and also of two witnesses ; and

where such occupier or person aforesaid desires to seal each of such parts with his seal also, the parts shall also be sealed with the seal of such occupier or person aforesaid; and subject to rules made under section 14,  shall send   without   delay   one   of the parts of the sample to such officer as may be authorised by the State Government in that behalf for examination who shall examine the sample and send his report to the Director of Agriculture;

(c) shall   deliver   another part to the occupier or person aforesaid, and retain the remaining part with himself; and then shall either   entrust   the   remainder   of  the

seized   cotton   to   the   occupier or person aforesaid (on his giving an undertaking in writing to   produce   it  before   any criminal court if the officer requires him so to do), or make other arrangements for its safe custody ; and shall make a report of  such   seizure  to   the nearest   Magistrate   of the   First   or   Second   Class having jurisdiction to try the offence committed in respect of cotton seized   specifying   therein  the particulars of such cotton, and furnish a copy of such particulars to the occupier   or   person

aforesaid].

(3) The opinion of the officer authorised under sub-section (2) regarding such cotton recorded in any document signed by such officer shall be evidence as to the nature of such cotton in any inquiry, trial or proceeding under this Act.

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1.This word was  substituted for the   word   "Provincial"   by   the

Adaptation of Laws Order, 1950.

2. The words, figures and  letters "between the hours of 6 a.m. and

6 p.m." were deleted by Mah. 47 of 1962, s. 10(1).

3. Sub-section (2) was substituted for the   original   by   Mah. 47   of

1962, sec. 10 (2).

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SECTION 09: DUTY   OF OWNER,   OCCUPIER   AND PERSON IN CHARGE TO GIVE FACILITIES FOR INSPECTION BY AUTHORISED OFFICER

(1)   Every owner, occupier, or person in charge, of any land, building, ship, vessel, vehicle or place shall give all reasonable facilities to the officer, authorised under sub-section (1) of section 8, to inspect such land, building, ship, vessel, vehicle or place.

(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punishable with fine which may extend to *[one hundred rupees].

SECTION 10: PREVIOUS SANCTION AND LIMITATION ON PROSECUTION

No prosecution under this Act shall be instituted without the previous sanction of the Director of Agriculture.

* These words were substituted for the  words "twenty rupees"   by Mah. 42 of 1962, sec. 11.

SECTION 11: COGNIZANCE OF OFFENCES

No    criminal   court inferior to that of a Presidency Magistrate or a Magistrate of

the Second Class shall try any offence under this Act.

SECTION 11A: 1[MAGISTRATE'S POWER TO IMPOSE ENHANCED PENALTIES

Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence authorized under section 4 in excess of his powers under section 32 of the said Code].

SECTION 12: PROTECTION FOR ACTS DONE UNDER THIS ACT

No suit, prosecution   or   other   legal   proceeding   shall be instituted against any person for anything which is in good   faith   done or intended to be done under this Act.

SECTION 13: OFFICER ACTING UNDER THE ACT TO BE PUBLIC SERVANT

Every officer acting or purporting to act in pursuance of the provisions of this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

SECTION 14: RULES

(1) The 2[State] Government may make rules not inconsistent with the provisions of this Act for the purpose of carrying into effect the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, the 2[State] Government may make rules for all or any of the following purposes, namely:

(a) to prescribe the sum of money to be paid by way of composition under section 7 ;

(b) to  prescribe the conditions subject to which cotton seized may be forwarded under section 8 ;

3[(c) to regulate the disposal of all articles confiscated under this Act].

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1. Section 11-A was inserted by Mah. 47 of 1962, s. 12.

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

3. Clause (c) was inserted by Mah. 47 of 1962, s. 13 (1).

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(3) Any such rule may provide that a contravention thereof shall be punishable with fine which may extend to 1[two hundred and fifty rupees].

(4) Rules made under this section shall be subject to the condition of previous publication in the Official Gazette.

2[(5) All rules made under this section shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following and publish in the Official Gazette].

SECTION 15: REPEAL

The Bombay Cotton Control Act, 1935, is hereby repealed:

Provided that any notification issued under section 3 of the Bombay Cotton Control Act, 1935, shall be deemed to be issued under sub-section (2) of section 3 of this Act unless and until superseded by any notification issued under the said sub-section:

Provided further that any proceeding in respect of any offence under the Bombay Cotton Control Act, 1935, pending at the date of the coming into force of this Act shall be continued and disposed of as if this Act had not been passed.

SECTION 16: REPEAL OF M.P. ACT XVII OF 1954 AND SAVING:-

(1) The Madhya Pradesh Cotton Control Act, 1954, in its application to the Vidarbha region of the State of Maharashtra, shall, on the commencement of the Bombay Cotton Control (Extension and Amendment) Act, 1962, stand repealed.

(2)   Nothing in sub-section (1) shall affect,—

(a)   the previous operation of the Act so repealed or anything duly done or suffered thereunder

(b) any right,   privilege  obligation   or   liability acquired, accrued or incurred under the Act so repealed ;

(c) any penalty, forfeiture or punishment incurred in respect of any   offence   committed   against   the   Act   so repealed ; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the Bombay Cotton Control (Extension and Amendment) Act, 1962, had not been passed:

Provided that, anything done or any action taken (including any notification issued, permission granted, authorization made, sanction given and rules framed) under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act].

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1 These words were substituted for the words "fifty rupees", by Mah. 47 of 1962, s. 13 (2).

2 Sub-section (5) was inserted, ibid., s. 13 (3).

3 Section 16 was inserted by Mah. 47 of 1962, s. 14.

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THE BOMBAY COTTON CONTROL (MAHARASHTRA) RULES, 1963

G.N., A. & F.D., No. CTN. 1863/23027-I-B, dated 1st June, 196* (M.G., Pt. IV-B, p, 569)

Amended by G.N., A. & CD., No. CTN. 1863/23027-I-B, dated 27-4-1965

(M.G., Pt 1V-B, p. 927)

In exercise of the powers conferred by *x x sub-section (2) of section 14 of the Bombay Cotton Control Act, 1942 (Bom. XXX of 1942), and 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 (4) of the said section 14, namely : —

1.              Short title — These rules   may be   called   the   Bombay   Cotton

Control (Maharashtra) Rules, 1963.

2.      Definitions — In these rules, unless the context otherwise requires:

(a)      'Act' means the Bombay Cotton Control Act, 1942 ;

(b)      'From' means a From appended to these rules ;

(c)      ' Section' means a section of the Act.

3.   Sum of money to be paid by   way of   composition — The sum of

money to be paid by way of composition under section 7 may extend —

(a)   in the case of an offence under clause (a) of sub-section (1) of

Section 4, to twenty rupees for the first offence   and to fifty rupees for every

subsequent offence ;

(b)     in the case of an offence under clause (b)   of sub-section (1)

of Section 4, to two thousand and five hundred   rupees  for the   first offence

and to five thousand rupees for every subsequent offence ; and

(c)      in the case of an offence under   sub-section   (2) of Section 4,

to two thousand and hundred rupees for the first offence and to five thousand

rupees for every subsequent offence.

4.      Conditions subject to which samples of cotton seized may be taken

and forwarded under Section 8 — Every officer seizing any cotton under sub­

section (1) of Section 8 shall take the sample of not more than 15 kilograms

of such cotton and after separating the   sample into   three equal parts send

without delay one such part to the officer authorised by the State Government

for examination as required by clause (b)   of sub-section   (2)   of  the   said

Section 8.

5.              Report under Section 8 — The   officer seizing   any   cotton  under

sub-section (1) of Section 8 shall make a report of such seizure in Form 'A'

*Deleted by G.N.. of 27-44965™

or 'B' according as the cotton is seized under clause (a) or (b)  of sub section (1) of that Section.

*[5-A. Disposal of articles confiscated under the Act — All articles which are ordered to be confiscated under the Act shall be sent to the Collector or any officer authorised by the Director of Agriculture in this behalf for disposal in the following manner  that is to say —

(a)      all cotton plants shall be destroyed ;

(b)     All cotton—

(i) if it is ginned cotton, shall be sold by public auction to the highest bidder, who shall bale such cotton separately under the supervision of an official of the Agriculture Department and transport it outside the controlled area ;

(ii) if it is unginned cotton, (Kapas), shall be ginned under the supervision of an official of the Agriculture Department and the resultant ginned cotton shall be disposed of in the manner laid down in sub-clause (i);

(c)    all cotton waste shall be sold by public auction to the highest

bidder, who shall transport it outside the controlled area ;

(d)      all cotton seed shall be crushed under the supervision of an

official of the Agriculture Department and sold   by   public   auction to the

highest bidder, who shall transport it outside the controlled area ;

(e)               every box, receptacle,  package   or   covering   in which any

cotton in respect of which an offence has been committed is contained shall

also  be sold by public auction to the highest bidder ]

6. Repeal and saving :—On the commencement of these rules, the Bombay Cotton Control Rules, 1944 and the Madhya Pradesh Cotton Control Rules, 1955 shall stand repealed, except as respects things done or omitted to be done before such repeal.