The East Punjab Cotton (Statistics) Act, 1948
East Punjab Act, 13 of 1948
Legislative History
•
Amended in part by Adaptation of Laws Order, 1950
•
Amended in part by Adaptation of Laws (Third Amendment) Order, 1951
•
Amended in part by Punjab Act 20 of 1952
•
Extended to territories which immediately before the 1st November, 1956,
were comprised in the State of Patiala and East Punjab States Union by Punjab
Act No. 18 of 1958.
Statement of Objects and Reasons
The figures for the census of stock
of cotton collected by the Indian Central Cotton Committee on an all India
basis showed a very wide disparity. Accordingly they expressed the desirability
of introducing legislation for this purpose so that accurate figures of stock
of cotton held by the trade may be available. There is no doubt that ginning
and pressing factories and merchants and middlemen are not bound to divulge
correct information to the agricultural staff who are at present engaged on the
collection of this data. East Punjab Government considers it desirable that
this Province also should fall in line with other Provinces in the collection
of these statistics in the interest of cotton trade. A draft Bill has
accordingly been prepared to achieve this object.
vide Punjab Government Gazette
Extraordinary, dated the 18th March, 1948.
The
East Punjab Cotton (Statistics) Act, 1948
Received the assent of his
Excellency the Governor on the 10th April, 1948, and was first published in the
East Punjab Government Gazette Extraordinary, dated the 12th April, 1948.
An Act to facilitate the collection
of statistics of stocks of Indian raw cotton in the [State]
Where it is expedient to facilitate
the collection of statistics of stocks of Indian raw cotton in the [State], it
is hereby enacted as follows:-
1.
Short title, extent and commencement. -
(1) This Act may be called the East Punjab Cotton (Statistics) Act, 1948.
(2) It extends to the whole of [Haryana].
(3) It shall come into force on such
date as the [State] Government may, by notification in the official Gazette,
appoint.
(1)
'Cotton' means Indian raw cotton including seed cotton, lint and fly;
(2)
'Director' means the Director of Agriculture, [Haryana] and includes every
officer who for the time being performs the duties of that officer for the
purposes of this Act, and is notified accordingly in the Official Gazette;
(3)
'Indian Central Cotton Committee' means the Indian Central Cotton Committee
constituted under [Indian Cotton (Cess) Act, 1923 (XIV of 1923)];
(4)
'Owner' means the owner of a cotton ginning factory or a cotton pressing
factory and includes the managing agent or other principal officer of such
factory;
(5)
'prescribed date' means the thirty-first day of August in each year;
(6)
'[State]' means the State of [Haryana];
(7)
'trader' means the person carrying on the business of selling or purchasing
cotton and includes a broker or a commission agent who makes contracts for the
sale or purchase of cotton for others and stocks cotton on their behalf or any
one holding stocks of cotton;
(8)
the expressions 'cotton ginning factory' and 'cotton pressing factory' shall
have the meanings, respectively, assigned to them by the [Cotton Ginning and
Pressing Factories Act, 1925 (XII of 1925).]
3.
Delivery of yearly returns of Indian raw cotton. - (1) Every trader and every owner shall each year prepare
and deliver or cause to be prepared and delivered to the Director a return in
the form prescribed by rules made under this Act, of the quantity of cotton of
different varieties in his possession on the prescribed date.
(2) Every such trader or owner shall
subscribe a declaration of the truth of the return at the foot thereof.
(3) Every such return shall be
delivered or sent by post to the Director within seven days of the prescribed
date.
4.
Right of access to record or document. -
The Director or any person authorised by him in writing in this behalf shall
for the purpose of the collection of any statistics required under section 3
have access to any relevant record or document in the possession of any trader
or owner and may enter at any reasonable time any premises wherein he believes
such record or document to be and may ask any question necessary for obtaining
any information required for the aforesaid purpose.
5.
Use of returns required under section 3 or information obtained under section
4. - The Director may use the returns
furnished under section 3 or the information obtained under section 4 for such
purposes as he may deem fit and may in particular use such returns or
information for the purpose of supplying any statistics required by the Indian
Central Cotton Committee.
6.
Restriction on the publication of returns and information. - (1) No individual return made under section 3 and no part
of such return and no information obtained under section 4 shall without the
previous consent in writing of the trader or owner, as the case may be, by whom
the return or information was furnished or given, or his authorised agent, be
published in such manner as would enable any particulars to be identified as
referring to a particular cotton ginning factory or a cotton pressing factory or
the business or any particular trader.
(2) Except for the purposes of a
prosecution under this Act or under the Indian Penal Code (XLV of 1860), no
person not engaged in connection with the collection of the statistics required
under this Act shall be permitted to see any individual return or information
referred to in sub-section (1).
7.
Penalties. - (1) If any person (a) wilfully
refuses or without lawful excuse neglects to furnish the return required under
section 3, or (b) wilfully furnishes or causes to be furnished any such return
which he know to be false, or (c) refuses to answer or wilfully gives a false
answer to any question asked in exercise of the powers conferred by section 4,
or if any person impedes the right of access to any relevant record or document
or the right of entry conferred by section 4, he shall for each such offence be
punishable with fine which may extend to rupees five hundred, and in the case
of a continuing offence to a further fine which may extend to rupees two hundred
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 the
true return or answer has been given or made.
Offence by Corporation. - [(2) 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 presumed to be guilty of such contravention].
8.
Penalty for improper disclosure of information and return. - If any person engaged in connection with the collection
of statistics under this Act wilfully discloses any information or the contents
of any return given or made under this Act 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 (XLV of 1860), he 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 imprisonment and
fine.
9.
Cognizance of an offence. - No
prosecution under section 7 shall be instituted except with the previous
sanction in writing of the Director and no prosecution under section 8 shall be
instituted except with the previous sanction in writing of the [State]
Government.
10.
Protection for acts done under this 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.
11.
Exemption. - The [State] Government may, by
general or special order exempt any trader or class of traders from the
operation of this Act.
12.
Power to make rules. - (1) The [State] government may
subject to the condition of previous publication, make [rules] for carrying out
the purpose of this Act.
(2) Without prejudice to the
generality of the foregoing powers, rules may be made under this section (a)
prescribing the form of the return to be furnished under section 3; and (b)
regulating the exercise of the right of access to documents and the right of
entry conferred by section 4.
Courtesy:- Legal Point Foundation
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