THE COTTON INDUSTRY
(STATISTICS) ACT, 1926
(Act XX of 1926)
[25 March
1926]
An Act to provide for the regular submission of
returns of quantities of cotton goods manufactured
WHEREAS it
is expedient, notwithstanding the repeal of the Cotton Duties Act, 1896, to
provide for the regular submission of returns of the quantities of cotton goods
manufactured and cotton yarn spun in [2][2][the Province of the
Punjab];
It is hereby enacted as follows:-
1. Short
title and extent.— (1) This Act may be called the Cotton Industry
(Statistics) Act, 1926.
2. Definitions.— For the
purposes of this Act, unless there is anything repugnant in the subject or
context,—
(a) “cotton goods” or “goods” include all tissues
and other articles (except yarn and thread) woven, knitted or otherwise
manufactured wholly or partly from cotton yarn;
(b) “cotton yarn” or “yarn” means yarn wholly or
partly composed of cotton fibres;
(c) “mill” means any building or place where
cotton goods are woven, knitted or otherwise manufactured, or where cotton yarn
in spun, by machinery moved otherwise than by manual labour, and includes every
part of such building or place;
(d) “owner”, in relation to any mill, includes the
managing agent or other principal officer of the mill; and
(e) “prescribed” means prescribed by rules made
under this Act.
3. Delivery
of monthly returns of goods and yarn manufactured by mill owners.— (1) The
owner of every mill shall each month prepare and deliver, or cause to be
prepared and delivered, to the prescribed officer a return of all cotton goods
manufactured and all cotton yarn spun in the mill during the preceding month by
machinery moved otherwise than by manual labour, and shall subscribe a
declaration of the truth of the return at the foot thereof.
(2) Save
as may be otherwise prescribed, every such return shall state, in respect of
each description of goods and of yarn, the quantity manufactured during the
period to which the return relates, and shall contain such further information,
and be in such form and be subject to such conditions as to verification and
otherwise, as may be prescribed.
(3) Every
such return shall be delivered to the prescribed officer or posted to his
address within seven days after the end of the month to which it relates.
4. Power
to inspect mills and take copies of records.— (1) Any officer
authorised by the [4][4][Provincial
Government] by order in writing in this behalf shall have free access at all
reasonable times during working hours to any mill and may at any time, with or
without notice to the owner, examine and take copies of, or extracts from the
records of the mill for the purpose of testing the accuracy of any return made
under section 3, or of informing himself as to any particulars regarding which
information is required for the purposes of this Act or any rules made
thereunder:
Provided that no officer not
especially empowered by the [5][5][Provincial
Government] in this behalf shall be entitled to inspect any record containing
the description or formulae of any trade process.
(2) All
copies and extracts and all information acquired by any officer in the
inspection of any mill under this section shall be treated as strictly
confidential.
5. Publication
of returns.— The [6][6][Provincial
Government] shall, from the returns delivered under section 3, cause to be
compiled and published, in such form as [7][7][it] may direct,
statements showing for each month the total quantities of goods manufactured
and of yarn spun in mills in [8][8][the Province].
6. Power
to make rules.— (1) The [9][9][Provincial
Government] may, by notification in the [10][10][Official Gazette],
make rules[11][11] consistent with this
Act to carry out the purposes thereof.
(2) In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-
(a) the form of any return required under this
Act, the particulars to be contained therein, and the manner in which the
return shall be verified;
(b) the nature of the records to be maintained by
the owners of mills;
(c) the powers and duties, in regard to the
inspection of mills under this Act, of the officers authorised to make such
inspections; and
(d) any other matter which may be or is to be
prescribed.
7. Penalties.— (1) Any
person who—
(a) knowingly falsifies any record of manufacture
or production kept in a mill, or
(b) being required to deliver a return under
section 3, knowingly delivers a false return, or
(c) omits to make any return required by section
3, or refuses to sign or complete the same, or
(d) knowingly does any act, not otherwise
punishable under this Act, in contravention of the provisions of any rule made
under this Act,
shall be punishable with fine which may extend to five hundred rupees.
(2) Any
person who discloses any particulars or other information acquired by him in
the inspection of any mill under this Act shall be punishable with fine which
may extend to one thousand rupees:
Provided that nothing in this
sub-section shall apply to the disclosure—
(a) of any such particulars or information for the
purpose of a prosecution under section 193 of the [12][12][Pakistan] Penal Code[13][13] or under this Act,
in respect of any return kept or record made for the purposes of this Act, or
(b) of any such particulars or information to any
person acting in the execution of any duty imposed upon him by this Act, where
the disclosure is necessary for the purposes of this Act.
8. Exemption.— The [14][14][Provincial
Government] may, by notification in the [15][15][official Gazette],
exempt from the operation of this Act or of any specified provision thereof any
mill or class of mills, or any goods or class of goods, specified in the notification.
9. 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.
[1][1]Substituted, by the Central
Laws (Statute Reform) Ordinance 1960 (XXI of 1960), section 3 and 2nd Schedule
(with effect from the 14th October, 1955), for “the Provinces and the Capital
of the Federation” which had been substituted by Adaptation Order, 1944, for
“British India” and finally by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.
O. 1 of 1974).
[3][3]Substituted first by the
Central Laws (Statute Reform) Ordinance 1960 (XXI of 1960), section 3 and 2nd
Schedule (with effect from the 14th October, 1955) for the original sub-section
(2) as amended by Adaptation Order, 1949, and, then by Pb. Adaptation Order 1
of 1974.
[4][4]Substituted, by the
Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for
“Local Government”.
[6][6]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “G.G. in
C.”
[12][12]Substituted, for “Indian”, by
the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955).
[14][14]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “G.G. in
C”.
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