(W.P. Ordinance XX of 1966)
[11 May 1966]
An
Ordinance to amend and consolidate the law relating to control over the
production, processing and sale of cotton, and other matters incidental thereto
Preamble.– WHEREAS it is expedient to amend and
consolidate the law relating to control over the production, processing and
sale of cotton, and other matters incidental thereto;
AND
WHEREAS the Provincial Assembly of West Pakistan is not in session, and the
Governor of West Pakistan is satisfied that circumstances exist which render
immediate legislation necessary;
Now,
THEREFORE, in exercise of the powers conferred on him by clause (1) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:-
1. Short title, extent and commencement.– (1) This Ordinance may be called the [3][3][Punjab] Cotton Control Ordinance, 1966.
(3) It shall come into force at once.
2. Definitions.– In
this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say–
(a) “admixture of cotton” means such mixture of
different varieties of cotton as may be prescribed;
(b) “Advisory Committee” means a committee
established under section 3;
(c) “bale”
means any pressed package of cotton [5][5][with standard net
weight of 170 kgs. and variation of 5% plus/minus at 8.5% moisture content, and
with average weight of 17,000 kgs. for a lot of 100 bales with variation upto
plus/minus 3%];
(d) “Board” means the Cotton Control Board
established under section 3;
[6][6][(dd) “contamination”
means mixture of any foreign metal, especially the fibre other than cotton, as
may be prescribed;]
(e) “cotton” means ginned or unginned cotton or
pressed and baled cotton or cotton waste;
(f) “cotton
dealer” means a person or a firm or a company, dealing in cotton, which received
five hundred mounds or more of cotton or cotton seed in any one month during
the cotton year;
(g) “cotton ginning factory” means any premises
including the precincts thereof, where cotton is ginned or where cotton fibre
is separated from cotton-seed, by any process whatever involving the use of
power;
(h) “cotton pressing factory” means any premises,
including the precincts thereof, in which cotton is pressed into bales with the
aid of power;
(i) “cotton seed oil factory” means any premises
including the precincts thereof, where cotton seed is pressed, with the aid of
power, for the extraction of oil, whether or not the same machinery is used for
the extraction of oil from any other type of seed;
(j) “cotton waste” includes droppings, strippings,
fly, fuzz 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;
(k) “cotton year” means the year beginning from [7][7][1st August] to [8][8][31st July] of the following year;
(l) [9][9][“Director General of Agriculture (Ext. & AR) Punjab,
Executive District Officer Agriculture, District Officer Agriculture
(Extension) and Deputy District Officer Agriculture (Extension)”] respectively
mean the persons appointed by Government to perform the functions of a [10][10][“Director General of Agriculture (Ext. & AR)
Punjab, Executive District Officer Agriculture, District Officer Agriculture
(Extension), Deputy District Officer Agriculture (Extension)”], as the case may
be;
(m) “factory” means a cotton ginning or cotton
pressing or a cotton seed oil factory, as the context may require;
[12][12][(nn) “Inspector” means an officer or person
appointed as Inspector under section 5 of this Ordinance;]
(o) “licence” means a licence granted under this
Ordinance;
(p) “cotton market” means any building or area
where transactions in ginned or unginned cotton, or in cotton seed, whether
spot or forward, are conducted for the time being;
(q) “notified
area” means an area notified as such under section 22;
(r) “occupier”
means the person who has ultimate control of the affairs of a factory [13][13][whether as owner or otherwise], and includes the
Manager or Managing Agent of the factory and any other person or persons
authorised to represent the occupier;
(s) “power”
means power generated by electricity or heat engine, and includes any other
power except animal and human power;
(t) “prescribed” means prescribed by rules made
under this Ordinance;
(u) “pure seed” means such cotton seed as has been
declared pure by the prescribed authority;
(v) “variety” means any variety of cotton approved
by Government and notified under this Ordinance.
3. Constitution of Cotton Control Board
and Advisory Committees.–
(1) Government shall establish for the whole of [15][15][the Punjab] a Cotton Control Board.
(2) Government may also constitute Advisory
Committees for the Province or parts thereof.
(3) The Board and each Advisory Committee
shall be constituted in such manner and shall consist of such number of members
as may be prescribed.
4. Powers and duties of the Board and the
Advisory Committees.– The Board
and the Advisory Committees shall exercise such powers and perform such
functions and their business shall be conducted in such manner and in
accordance with such procedure as may be prescribed.
5. Inspectors.– (1) Every [16][16][Director General of Agriculture (Ext. &
AR) Punjab, Executive District Officer Agriculture, District Officer
Agriculture (Extension), Deputy District Officer Agriculture (Extension) and
Cotton Inspector], shall be an ex-officio
Inspector for the purposes of this Ordinance within his respective
jurisdiction.
(2) Government may, by notification, [17][17][appoint any person] to exercise and perform
all or any of the powers and duties conferred or imposed upon an Inspector by
or under this Ordinance, within such local limits as Government may specify.
(3) An Inspector may–
(a) on his own motion or on
receipt of a complaint that there has been a contravention of any provision of
this Ordinance, cause any cotton or the contents of any package or bale or a
sample of cotton taken from a factory in the process of ginning to be examined
by the prescribed authority; and
(b) enter into and inspect during the usual working
hours any factory for the purpose of ascertaining whether there is, or has
been, any contravention therein of any of the provisions of this Ordinance or
of any rule made thereunder, or of any of the conditions subject to which a
licence has been granted to the factory and take samples from all such articles
in respect of which an offence punishable under this Ordinance appears to have
been committed.
(4) An Inspector shall exercise such other
powers and perform such functions as may be prescribed.
[18][18][(5) An
Inspector appointed under sub-section (2), shall be deemed to be a public
servant within the meaning of section 21 of the Pakistan Penal Code.]
6. Administration of the Ordinance.– Government may, by notification, appoint an
officer to exercise and perform all or any of the powers and duties conferred
or imposed on Government under this Ordinance.
7. Licence
for working cotton ginning or cotton pressing or cotton seed oil factories.– [19][19][(1) No factory shall be
worked without a licence and an identification number granted to the owner
thereof by such authority, in such form, on payment of such fees payable for
each year or otherwise, as may be prescribed, and subject to the conditions
that the factory shall have–
(a) an
adequate number of raised and ‘pucca’ platforms as specified by Government
through notification;
(b) a
pre-cleaning machinery as specified by Government through notification;
(c) a
lint clearing machinery;
(d) proper
maintenance and upkeep of ginning machinery;
(e) availability
of technical staff as specified by Government through notification;
(f) availability
of PCSI standard grade boxes for seed, cotton and lint; and
(g) any
other condition that may be specified by Government through notification.]
(2) A licence granted under this section
shall be valid for such period and shall be subject to such conditions as may
be prescribed.
[20][20][(3) The
authority competent to grant a licence under this section may, after giving the
owner an opportunity of being heard, cancel or suspend the licence or refuse
its renewal, for such period as it may deem fit, on the ground of
non-fulfilment of any condition laid down under sub-section (1) and non-payment
of any fee specified under clause (l) of sub-section (2) of section 30 or
violation of any other provision of this Ordinance.]
[21][21][(3-A) Any
owner aggrieved by an order passed under sub-section (3) may, within seven days
of the order, prefer an appeal before Government, whose decision shall be
final.]
[22][22][Provided that no order under this
sub-section shall be passed unless an opportunity of being heard is given to
the appellant].
(4) A licence granted under this section
shall cease to have effect seven days after the expiry of the cotton year for
which the prescribed annual fee payable in respect of the licence has been
paid.
[23][23][(5) If any person works a factory in respect
of which a licence has not been granted or renewed or has been suspended or
cancelled, the Inspector shall seal the factory and occupier thereof shall be
punishable with imprisonment which may extend to six months but not less than
one month and with fine which may extend to fifteen thousand rupees.]
8. Maintenance of registers.– (1) The occupier of every cotton ginning
factory shall maintain at the factory, in such form as may be prescribed–
(a) a register containing the
record of the amount of cotton received daily in the factory for ginning, the
names of persons from whom it is received, and the quantity received from each
person, and
(b) a ginning register containing a record of the
dates on which the cotton has been ginned for each person.
(2) The occupier of every cotton pressing
factory shall maintain at the factory, in such form 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 occupier of every cotton seed oil
factory shall maintain such registers as may be prescribed.
(4) The occupier of a factory shall be bound
to produce the registers maintained under this section whenever so required by
an Inspector and the occupier of a cotton pressing factory shall be bound to
furnish to the prescribed authority, if so required by it in writing, a copy,
certified as correct by the occupier, of the entry relating to any specified
bale, made in the press register maintained at the factory under the provisions
of sub-section (2).
(5) No register required to be maintained
under this section shall be destroyed until after the expiration of three years
from the date of the last entry borne by it.
(6) If–
(i) in any factory, any
register required to be maintained under this section is not maintained or is
maintained in a form other than the prescribed form; or
(ii) any entry in any such
register is proved to be false in any material particular; or
(iii) any such register is destroyed before the
expiration of the period referred to in sub-section (5),
the occupier of the factory shall be
punishable with [24][24][imprisonment which may extent to three
months and with fine not less than fifteen thousand rupees].
(7) If the occupier of any factory fails to
produce any register or to furnish a certified copy of an entry when so
required under sub-section (4), or furnishes a certified copy of such entry
knowing or having reason to believe such copy to be false, he shall be
punishable with fine [25][25][not less than fifteen thousand rupees], and
if he has previously been convicted of any offence under this sub-section, [26][26][he shall be punishable with imprisonment not
less than three months].
9. Liability on change of occupancy.– (1) A change in the occupancy of any factory
shall be intimated, in writing to the prescribed authority by both the previous
and the new occupier, within thirty days of the date on which the change takes
place.
(2) On a change in the occupancy of any
factory–
(a) the previous occupier shall
hand over to the new occupier the registers maintained in respect of the
factory under section 8 and obtain from the new occupier a receipt in this
behalf; and
(b) the new occupier shall forthwith report to the
prescribed authority any default on the part of the previous occupier in
complying with the provisions of this sub-section or in maintaining the
registers in accordance with the provisions of section 8.
(3) If default is made by the previous
occupier in handing over to the new occupier any register which he is required
to hand over to him, or either of them makes default in making any report, the
previous or the new occupier, as the case may be, shall be punishable with fine
[27][27][not less than fifteen thousand rupees].
10. Returns of a ginning factory.– (1) The occupier of every cotton ginning
factory shall furnish to the prescribed authority, within such time and in such
form as may be prescribed, weekly returns showing the quantity of cotton ginned
in the factory–
(a) during the preceding week; and
(b) since the commencement of the cotton year to
the end of that week.
(2) The
prescribed authority shall compile from the weekly returns received under
sub-section (1), a statement showing the total quantity of cotton ginned in the
Province during the week to which the returns relate and from the commencement
of the cotton year to the end of that week and publish such statement in such
manner as Government may direct:
Provided
that the quantity of cotton ginned in any individual factory shall not be
published.
(3) If default is made in furnishing any
return as required by sub-section (1), the occupier of the factory shall be
punishable with fine [28][28][not less than fifteen thousand rupees].
(4) Where the occupier of a ginning factory
has notified to the prescribed authority that the work of ginning cotton in
that factory has been suspended, it shall not be necessary for him to submit
weekly returns under sub-section (1) until such work has been resumed.
11. Returns of a pressing factory.– (1) The occupier of every cotton pressing
factory shall furnish 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 in the factory–
(a) during the preceding week and their approximate
average net weight; and
(b) since the commencement of the cotton year to
the end of that week.
(2) The
prescribed authority shall compile from the weekly returns received under
sub-section (1), a statement showing the total number of bales pressed in the
Province during the week to which the returns relate and from the commencement
of the cotton year to the end of that week, and publish such statement in such
manner as Government may direct:
Provided
that the number of bales pressed in an individual factory shall not be
published.
(3) If default is made in furnishing any
return as required by sub-section (1), the occupier of the factory shall be
punishable with [29][29][imprisonment which may extend to three
months but not less than one month and with fine not less than fifteen thousand
rupees].
(4) Where the occupier 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 him to
submit weekly returns under sub-section (1) until such work has been resumed.
[30][30][11-A. Submission of monthly returns by cotton
ginning and cotton pressing factories.– (1) The occupier of every cotton ginning factory and cotton pressing
factory shall furnish to the prescribed authority, within such time and in such
form as may be prescribed, monthly returns showing quantity of cotton received
in the factory–
(a) during the preceding month;
and
(b) since the commencement of
the cotton year to the end of that month.
(2) If default is made in furnishing any
return as required by sub-section (1), the occupier of the factory shall be
punished with [31][31][imprisonment which may extend to three
months but not less than one month and with fine not less than fifteen thousand
rupees].
(3) Where the
occupier of the factory has notified to the prescribed authority that the work
of ginning cotton or pressing cotton bales in that factory has been suspended,
it shall not be necessary for him to submit monthly returns under sub-section
(1) until the work is resumed.]
12. Returns of a cotton seed oil factory.– (1) The occupier of every cotton seed oil
factory shall furnish to the prescribed authority, within such time and in such
form as may be prescribed, weekly returns showing the quantity of cotton seed
crushed in the factory–
(a) during the preceding week; and
(b) since the commencement of the cotton year to
the end of that week.
(2) The prescribed authority shall compile
from the weekly returns received under sub-section (1), a statement showing the
total quantity of cotton seed crushed in the Province during the week to which
the returns relate and from the commencement of the cotton year to the end of
that week, and publish such statement in such manner as Government may direct:
Provided
that the quantity of cotton seed crushed in any individual factory shall not be
published.
(3) If default is made in furnishing any
return as required by sub-section (1), the occupier of the factory shall be
punishable with fine [32][32][not less than fifteen thousand rupees].
(4) Where the
occupier of a cotton seed oil factory has notified to the prescribed authority
that the work of crushing cotton seed in that factory has been suspended, it
shall not be necessary for him to submit weekly returns under sub-section (1)
until such work has been resumed.
13. Marking of
bales.–
(1) The occupier 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 factory, with a serial number and with the mark
prescribed for the factory.
(2) Every bale which contains cotton from the
crop relating to the current cotton year mixed with cotton from the crop
relating to any previous cotton year shall be clearly marked, in the prescribed
manner, to distinguish it from the bales containing exclusively cotton from the
crop relating to the current cotton year.
(3) If any
bale is removed from the premises of any cotton pressing factory without having
been marked [33][33][or is stored without marking beyond one week], as
required by sub-section (1) or sub-section (2), the occupier of the factory
shall be punishable with imprisonment which may extend to [34][34][three months but not less than one month]
14. Scales and weights.– (1) No scales or weights shall be used in
any factory other than the scales and weights prescribed under the [35][35][Punjab Weights and Measures (International System) Enforcement Act,
1975 (LII of 1975)].
[36][36][(1-a) The occupier of
every cotton ginning factory shall install a weighbridge within the premises of
his factory.]
(2) If in any
factory, any scales or weights are used in contravention of the provisions of
sub-section (1), the occupier of the factory shall be punishable with fine [37][37][not less than fifteen thousand rupees].
15. Structural requirements.– (1) No person shall commence the
construction of any new factory or any extension of an existing factory, which
is likely to increase its capacity for ginning or pressing cotton or crushing
cotton seed, unless he has been granted a licence under this sub-section by
such authority, in such form, subject to such conditions and on payment of such
fees, as may be prescribed.
(2) A licence
under sub-section (1) shall be valid for such period as may be specified
therein, and may be revalidated, on payment of the prescribed fee, [38][38][by the competent authority for a specified
period].
(3) In the case of cotton ginning factories,
the construction of which is commenced after the commencement of this
Ordinance–
(a) gin-houses shall be provided with separate
entrances and exit 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
previously approved by the prescribed authority:
Provided
that nothing in this sub-section shall apply to any factory in which only
roller gins are used and where the number of such gins is not more than four.
(4) In any cotton ginning factory, whether
constructed before or after the commencement of this Ordinance–
(a) no alterations or additions, whether structural
or in plant or machinery, 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 (3); [39][39][* * *]
(b) every addition, whether structural or in plant
or machinery, made after the commencement of this Ordinance, shall be made in
accordance with the plans and specifications previously approved by the
prescribed authority [40][40][; and]
[41][41][(c) the
saws of each and every ginning machine shall be replaced with new ones after
ginning of three thousand bales:]
Provided
that nothing in this sub-section shall apply to any factory in which, after any
alteration or addition has been made, only single roller gins, not more than
four in number are left.
(5) The occupier of a cotton ginning factory,
whether erected before or after the coming into force of this Ordinance, shall
provide in the factory such number of delinting machines as the prescribed
authority may, by order in writing, direct.
(6) The occupier of every cotton pressing
factory, in which cotton is handled on the ground floor, shall cause the
pressing-house to be paved or provided with other suitable flooring to the
satisfaction of the prescribed authority.
(7) If the occupier of any [42][42][small gin or middle gin] factory fails to comply with any of the
provisions of this section applicable to the factory or, an order made under sub-section
(5), he shall be punishable with imprisonment which may extend to [43][43][six months but not less than one month].
(8) Where the occupier of a factory has been
convicted of an offence punishable under sub-section (7), the prescribed
authority may serve on him an order in writing directing that such alterations
shall be made, or so many delinting machines shall be provided in the factory,
by a specified date, as in the opinion of the authority, are necessary to
secure compliance with the provisions of sub-section (3), (4), (5) or (6), as
the case may be.
(9) Where the alterations are not carried out
or the delinting machines are not provided, in accordance with the order served
on the occupier of the factory under sub-section (8), the prescribed authority
may serve on the occupier of the factory an order in writing directing that the
work ginning or pressing of cotton in such factory shall be suspended until the
alterations have been carried out or the delinting machines have been provided
in accordance with the order made under sub-section (8).
(10) The occupier of a factory shall be liable to
fine [44][44][not less than five thousand rupees] for each day on which cotton is
ginned or pressed in the factory in contravention of an order served on him under
sub-section (9).
Explanation– For the purposes of this section, the
equivalents of other types of gins, such as double roller gins and saw gins, in
terms of single roller gins, shall be such as may be prescribed.
16. Prohibition
on admixture of different varieties of cotton.– Government may, by
notification, declare that in any area specified in such notification, [45][45][no variety except the one allowed shall be grown]
no cotton which contains an admixture of different varieties of cotton, in
excess of the prescribed limits, shall be ginned or pressed in any factory [46][46][and no person shall sell seed of any
variety/hybird except the one allowed to be grown in the area.]
[47][47][17. Punishment
for admixture, adulteration, contamination and watering cotton.– (1) Any occupier of a
factory or any other person–
(a) who handles or facilitate
handling cotton in any cloth made of other than cotton fiber, uses twines made
of any fiber other than cotton, waters seed cotton or lint beyond specified
limits (more than [48][48][8.5]%) allows any foreign substance i.e. jute
fiber, jute twines, polypropylene bags, human/animal hair, confectionary
wrappers, etc. etc., gins or presses or allows such cotton to be ginned or
pressed in such factory; or
(b) who, in any area specified in the notification
under section 16, gins or presses or allows to be ginned or pressed any cotton
which he knows or has reasons to believe to contain an admixture of different
varieties of cotton;
shall be punishable with
imprisonment which may extend to six months and with fine which shall not be
less than fifteen thousand rupees.
(2) Any owner
of cotton who knowingly waters or causes to be watered any cotton to be ginned,
or which being already ginned, and is intended to be pressed in a factory or mixes
or causes to be mixed other varieties, seed, foreign substance or cotton waste
with such cotton, or who abets or knowingly allows or connives at any such act,
shall be punishable with imprisonment which may extend to six months and with
fine which may extend to fifteen thousand rupees.
Explanation– For the purposes of this section, cotton
shall not be deemed to be watered unless such cotton contains moisture in
excess of the normal quantity (not more than 10%), that is to say, the amount
of moisture that any given quantity of cotton is reasonably expected to have,
regard being had to the place or places and the time or times of the year in
which such cotton has been picked, collected, stored, conveyed, left, ginned or
pressed.]
18. Determination of occupiers for purposes of
punishments under this Ordinance.– (1) Where the occupier of a factory is–
(a) a firm or other association of individuals,
every partner of such firm or member of such association shall be liable to be
prosecuted and punished under this Ordinance, for any offence for which the
occupier of the factory is punishable;
(b) a company, all the directors thereof, or, in
the case of a private company, all the share-holders thereof, shall be liable
to be prosecuted and punished under this Ordinance for any offence for which
the occupier of the factory is punishable:
Provided that the firm, association or company may give notice to the prescribed authority
that it has nominated one of its partners or members, or, as the case may be, a
director (or, in the case of a private company, a share-holder) to be the
occupier of the factory for the purposes of this section, and such partner,
member, director or share-holder, as the case may be, shall thereupon be deemed
to be the occupier of the factory for the purposes of this section, until
further notice cancelling his nomination is received by the prescribed
authority or until he ceases to be a partner, member, director or share-holder.
[49][49][19. Cognizance
and prosecution of offences.–
(1) The offences punishable under this Ordinance shall be cognizable and
non-bailable; provided that a police officer shall not register or investigate
a case relating to an offence except on a complaint by the Inspector, and the
Public Prosecutor shall be responsible for conducting prosecution of offences
under this Ordinance.
(2) No court inferior to that of a Magistrate
or first class shall try an offence punishable under this Ordinance.]
20. Power to
reject un-marked bales in fulfillment of contracts.– (1) Any person, who has
made a contract for the purchase of baled cotton, [50][50][shall] require that no bales other than bales
marked with the mark prescribed under section 13 for the factory in which they
were pressed, shall be supplied in fulfillment of such contract, and, if he
does so require, no bales not so marked shall be tendered in fulfillment of the
contract.
(2) Any bale marked in accordance with the
provisions of section 13 shall, within the meaning of the Evidence Act, 1872 (I
of 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.
21. Growing of particular varieties.– (1) Government may, by notification,
prohibit the growing of all or any varieties of cotton in a particular area.
(2) Whoever, in contravention of a
notification issued under sub-section (1), grows any cotton or any variety of
cotton in an area where its growing is prohibited shall be punishable with fine
which may extend to [51][51][not less than fifteen thousand rupees for every acre put under such
prohibited variety].
22. Power to issue notification prohibiting
import of cotton into specified areas.– (1) Government may for the purpose of avoiding adulteration in the
cotton grown in any area in the Province, by notification, prohibit the import
of any cotton or cotton seed or any specified variety or varieties of cotton or
cotton seed into an area where their cultivation is forbidden under this
Ordinance, by rail, road, air or sea, or by more than one of such means, save
under and in accordance with the conditions of a licence granted in the manner,
by the authority and on payment of such fee as may be prescribed:
Provided
that no such notification shall be deemed to prohibit the import into any
notified area of packages containing any kind of cotton samples not exceeding
ten pounds avoirdupois in weight.
(2) Delivery to, and the taking of delivery
by, any person, at any place situated within a notified area, of any cotton,
the import of which into that area is prohibited, shall be illegal unless such
person holds a licence for the import of such cotton into that area.
[52][52][(3) Any violation made by a
person under this section shall be punishable with fine of five hundred rupees
per kg. of cotton lint or seed imported into the prohibited zone.]
23. Refusal to carry unlicensed cotton.– (1) Notwithstanding anything contained in
the Railways Act, 1890 (IX of 1890), or any other law for the time being in
force, no person who receives goods for the purposes of transport, whether by
rail, road, river or any other means, shall so receive at, or forward or allow
to be carried from, any place any cotton consigned to a place in a notified
area, unless both places are in the same notified area, or unless the consignor
produces a certified copy of a licence for the import of the cotton into the
notified area in which such place is situated.
(2) A certified copy of a licence where so
produced shall be attached to the invoice or way-bill, as the case may be, and
shall accompany the consignment to its destination, and shall there be dealt
with in the prescribed manner.
24. Procedure
when cotton arrives at a place within a notified area.– (1) When any cotton,
the import of which into a notified area has been prohibited, has been
consigned to and arrives at the destination in any such area, no person shall,
unless both the place of despatch and the place of delivery are situated in the
same notified area, deliver the cotton to the consignee or any other person
until he is satisfied that the consignee holds a licence for the import of the
cotton into the notified area; and if the person receiving the cotton or cotton
seed is not satisfied that the consignee holds a licence for the import thereof
into the notified area, or if within fourteen days from the receipt of the
goods the consignee or some person acting on his behalf, does not appear in
order to take delivery thereof, he shall return the cotton to the place of
despatch together with an intimation that delivery of the cotton has been
refused or has not been taken, as the case may be.
(2) Any person
receiving any cotton returned under sub-section (1) shall cause to be served on
the consignor a notice stating that the cotton has been so returned and
requiring the consignor to pay the railway freight and any rates, terminal or
other charges due in respect of the carriage of the cotton to and from the
place to which it was consigned, and such charges shall be deemed to be due
from the consignor.
(3) Any person
who contravenes the provisions of section 22 or section 23 or who, without
reasonable excuse, the burden of proving which shall lie upon him, in
contravention of the provisions of sub-section (1) of this section, delivers
any cotton to a consignee or other person, shall be liable on first conviction
to a fine [53][53][not less than fifteen thousand rupees and upon
any subsequent conviction, to imprisonment which may extend to six months but
not less than one month].
25. Pure seed.– Government may direct that any cotton which
has been reserved wholly or partially for procuring pure seed for sowing
purposes by the prescribed authority shall not be ginned without special
permission from the authority, which may be granted subject to such conditions
as may be prescribed in this behalf.
26. Regulation
of the price of cotton.– (1) Government may, by notification, fix the maximum and
minimum prices which shall be paid for any variety of cotton or cotton seed in
any cotton market or notified area.
[54][54][(2) Whoever, in contravention
of a notification issued under sub-section (1), pays less than support price,
for any variety of cotton, shall be punishable with imprisonment which may
extend to three months but not less than one month.].
27. Grading and marketing of cotton.– Government may, by notification, regulate
the grading [55][55][, standardization] and marketing of cotton.
28. Protection of persons acting under this
Ordinance.– No suit or other
legal proceedings shall be instituted against any person in respect of any
action in good faith taken under this Ordinance.
29. Power to
exempt from the Ordinance and rules.– Government may, by notification, exempt any
factory or class of factories from all or any of the provisions of this
Ordinance or the rules framed thereunder.
30. Power of Government to frame rules.– (1) Government may, by notification, frame
rules consistent with this Ordinance to give effect to the provisions of this
Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing powers, such rules may provide for all or any
of the following matters, namely:-
(a) the constitution and
functions of the Board and Advisory Committees;
(b) the appointment, powers
and functions of Inspectors;
(c) the
conditions for the grant of licences for working factories;
(d) the forms in which
registers, records and returns shall be maintained or furnished by occupiers of
factories, and the inspection of such registers and records;
(e) the allotment of a special
mark to be used by each cotton ginning and pressing factory;
(f) the manner in which bales
shall be marked;
(g) the persons or bodies
authorised to examine bales or cotton seed under sub-section (3) of section 5;
(h) the
substances [56][56][and their extent which shall constitute an
admixture, adulteration and contamination of cotton];
(i) the time within which the
returns required by sections 10, 11, and 12 shall be furnished;
(j) the appointment of
authorities for the purposes of sections 7, 8, 9, 10, 11, 12, 15, 17, 18, 19,
22 and 25;
(k) the manner of service of
orders made under section 15;
(l) the
fees to be paid by the [57][57][owners] of factories or by cotton dealers or by
managers of companies at the rates to be prescribed by Government, for the
development and improvement of agriculture relating to cotton crop, and for
meeting the expenses on the administration of this Ordinance;
(m) the
manner in which fees shall be realised or recovered; and
(n) any other matter for which
provision is deemed necessary in order to carry out the purposes of this
Ordinance.
31. Repeal and savings.– (1) The West Punjab Cotton Control Act, 1949
(IV of 1949), [58][58][the Bahawalpur Cotton Control Act, 1949, the
Cotton Act, 1952 (Khairpur Act V of 1952)], and the Sind Cotton Control Act,
1954 (I of 1954), are hereby repealed.
(2) Notwithstanding the repeal of the
enactments mentioned in sub-section (1), anything done, action taken,
obligation, liability, penalty or punishment incurred, inquiry or proceedings
commenced, officer appointed or person authorised, jurisdiction or power
conferred, rule made, fee imposed or realised and order issued under any of the
provisions of the said enactments shall, if not inconsistent with the
provisions of this Ordinance, continue in force and be deemed to have been
respectively done, taken, incurred, commenced, appointed, authorised,
conferred, made, imposed, realised or issued under this Ordinance.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 8th May, 1966; approved by the
Provincial Assembly of West Pakistan on 8th June, 1966, under clause (3) of
Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); and,
published in the West Pakistan Gazette (Extraordinary), dated 8th June, 1966,
pages 1633-50
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[5][5]Substituted for the words “of
whatever size or density”, by the Punjab Cotton Control (Amendment) Ordinance,
2002 (LVI of 2002), which will remain in
force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
Article 4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[7][7]Substituted for the figure
and word “1st September”, by the Punjab Cotton Control (Amendment) Ordinance,
2002 (LVI of 2002), which will remain in
force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
Article 4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[9][9]Substituted
for the words “Director of Agriculture”, “Deputy Director of Agriculture” and
“Extra Assistant Director of Agriculture”, by the Punjab Cotton Control
(Amendment) Ordinance, 2001 (XXIV of 2001), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[10][10]Substituted
for the words “Director of Agriculture, Deputy Director of Agriculture, an
Extra Assistant Director of Agriculture”, by the Punjab Cotton Control
(Amendment) Ordinance, 2001 (XXIV of 2001), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[11][11]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of West
Pakistan”.
[13][13]Inserted by the West Pakistan Cotton Control (Punjab
Amendment) Ordinance, 1972 (V of 1972).
[15][15]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[16][16]Substituted for the words
“Director of Agriculture, Deputy Director of Agriculture, Extra Assistant
Director of Agriculture”, by the Punjab Cotton Control (Amendment) Ordinance,
2001 (XXIV of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[17][17]Substituted by the West
Pakistan Cotton Control (Punjab Amendment) Ordinance, 1972 (V of 1972), for
“appoint any other officer under its control”.
[19][19]Substituted by the Punjab
Cotton Control (Amendment) Ordinance, 2002 (LVI of 2002), which will remain in
force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
Article 4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[23][23]Substituted by the Punjab
Cotton Control (Amendment) Ordinance, 2002 (LVI of 2002), which will remain in
force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
Article 4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[24][24]Substituted for the words
“fine which may extend to five hundred rupees” by the Punjab Cotton Control
(Amendment) Ordinance, 2002 (LVI of 2002), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding
the maximum limit of three months prescribed under Article 128 of the
Constitution of the Islamic Republic of Pakistan.
[27][27]Substituted
for the words
“which may extend to five hundred rupees” by the Punjab Cotton Control
(Amendment) Ordinance, 2002 (LVI of 2002), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[28][28]Substituted for the words
“which may extend to five hundred rupees” by the Punjab Cotton Control (Amendment)
Ordinance, 2002 (LVI of 2002), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[30][30]Added by the West Pakistan Cotton
Control (Punjab Amendment) Ordinance, 1972 (V of 1972), for “fifty”.
[31][31]Substituted for the words
“fine which may extend to one thousand rupees” by the Punjab Cotton Control (Amendment)
Ordinance, 2002 (LVI of 2002), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[32][32]Substituted for the words
“which may extend to five hundred rupees” by the Punjab Cotton Control
(Amendment) Ordinance, 2002 (LVI of 2002), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[34][34]Substituted ibid., for
the words and commas “one month, or with fine which may extend to fifty rupees,
or with both, for every bale of cotton in respect of which such contravention
has taken place”.
[36][36]Added by the Punjab Cotton Control (Amendment)
Ordinance, 2002 (LVI of 2002), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution of
the Islamic Republic of Pakistan.
[37][37]Substituted ibid., for
the words “which may extend to five hundred
rupees or, if he has been previously convicted of any offence under this
sub-section with fine which may extend to one thousand rupees”.
[38][38]Substituted for the words “for subsequent periods not exceeding two years
from the date of issue of the licence by the authority competent to grant the
same” by the Punjab Cotton Control (Amendment) Ordinance, 2002 (LVI of
2002), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[39][39]The word “and” deleted by the
Punjab Cotton Control (Amendment) Ordinance, 2002 (LVI of 2002), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[43][43]Substituted ibid., for
the words “three months, or with fine which may extend to five thousand rupees,
or with both”.
[44][44]Substituted for the words
“which may extend to fifty rupees” by the Punjab Cotton Control (Amendment)
Ordinance, 2002 (LVI of 2002), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[47][47]Substituted by the Punjab
Cotton Control (Amendment) Ordinance, 2001 (XI of 2001), which will remain in
force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
Article 4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[49][49]Substituted by the Punjab
Cotton Control (Amendment) Ordinance, 2002 (LVI of 2002), which will remain in
force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
Article 4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[51][51]Substituted for the words
“five hundred rupees” by the Punjab Cotton Control (Amendment) Ordinance, 2002
(LVI of 2002), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[53][53]Substituted
for the words “not exceeding one thousand rupees, and upon any subsequent
conviction, to imprisonment which may extend to three months, or to a fine
which may extend to five thousand rupees, or to both” by the Punjab Cotton
Control (Amendment) Ordinance, 2002 (LVI of 2002), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[56][56]Substituted for the words
“which shall constitute an admixture of cotton” by the Punjab Cotton Control
(Amendment) Ordinance, 2002 (LVI of 2002), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[57][57]Substituted by the West
Pakistan Cotton Control (Punjab Amendment) Ordinance, 1972 (V of 1972), for
“occupiers”.
[58][58]Substituted by the West
Pakistan Cotton Control (Amendment) Act, 1967 (I of 1967), for “The Bahawalpur
Cotton Control Act, 1949”.
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