GOVERNMENT OF PUNJAB
AGRICULTURE DEPARTMENT
NOTIFICATION
The 5th October
1966
No.154(37)SOA VI/64---In
exercise of the powers conferred by section 30 of the Punjab Cotton Control
Ordinance, 1966 (Punjab Ordinance XX of 1966---) and in suppression of the
Sindh Cotton Ginning and Pressing Factories Rules 1934, the Punjab Cotton
Control Rules, 1949, the Bahawalpur Cotton Control Rules, 1949, and all other
rules on the subject enforce in any part or area of Punjab, the Governor of
Punjab is pleased to make the following rules, namely:-
THE
PUNJAB COTTON CONTROL RULES, 1966
(AMENDED
UP TO 2002)
1. Short title and
commencement—(1) These rules may be called the Punjab Cotton Control Rules,
1966.
(2) They shall come into force at once.
2. Definition—In these
rules, unless the context otherwise requires, the following expressions shall
have the meanings hereby respectively assigned to them, That is to say—
(a)
“Agent” means the person acting on behalf of the
occupier or occupiers or the manager or managers of a company or a cotton
dealer;
(b)
“Company” means a company registered under the
Companies Act, 1913 (VII of 1913), which deals in cotton or cotton seed wholly
or partially and whose purchases of the either of these commodities in any one
month are five hundred maunds or more;
(c)
“Cotton Grower” or “grower” means a person who
cultivates cotton either himself, or by members of his family, or by hired
labour or by tenants;
(d)
“District” means a revenue district and includes the
areas under the charge of *a District Officer Agriculture (Extension);
* Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI)6-119/2000 dated
27.10.2001.
(e)
*Omitted.
(f)
“Form” means a form appended to these rules;
(ff) **“Grade” means a grade as defined in the Cotton
Standardization Ordinance, 2002
(LXIV of 2002)”
(g)
“Manager” means a person who is in charge of a company
or of a factory;
(h)
“Ordinance” means the Punjab Cotton Control Ordinance,
1966 (Punjab Ordinance, XX of 1966);
(i)
“Purchasing centre” means any place at which cotton or
cotton seed is purchased, delivered or weighed, and includes such portion of a
factory where any of these operations take place;
(j)
*Omitted; and
(k)
“Section” means a section of the Ordinance.
3. Punjab Cotton Control Board--(1) The
Board shall consist of twenty-four members.
(2)
The following Officers shall be ex-officio members of the Board:-
(1)
Secretary to the Government of **Punjab, Agriculture
Department.
(2)
***Managing Director Punjab Seed Corporation.
(3)
***Director General of Agriculture (Ext. & AR),
Punjab.
(4)
***Additional Secretary Agriculture (Task Force)
(5)
***Director Industries and Mineral Development Punjab
(6)
***Registrar Co-operative Societies Punjab
(7)
***Director General (Excise & Taxation) Punjab.
(3)
****Twelve members shall be nominated by Government,
either by name or by designation, ****three of them being the representatives
of Cotton Ginners, ****three being the representatives of Textile Mill Owners
and the remaining ****six being the representatives of Cotton Growers.
* Omitted vide Govt. of the Punjab
Notification No. E & A (AGRI)6-119/2000 dated 27.10.2001.
** Inserted vide Govt. of the Punjab
Notification No. SOA (EXT) 1-70/92-I dated 07.06.2007 *** Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI)6-119/2000 dated
27.10.2001.
**** Substituted vide Govt. of the Punjab Notification No. SOA
(EXT) 1-70/92-I dated 15.11.2002.
(4)
The Secretary to the Government of the *Punjab, Agriculture
Department, the *Additional Secretary Agriculture (Task Force) and the
*Director General of Agriculture (Ext. & AR) Punjab shall be “ex-officio Chairman, Vice-Chairman and
Secretary, respectively, of the Board.
(5)
The Board shall, in addition to the powers conferred
and the duties imposed on it by the Ordinance, advise Government on matters
connected with the growing of cotton, cotton industries and cotton textiles in
Punjab and on such other matters as may be referred to it by Government and
shall supervise and direct the working of the Advisory Committees and act as a
liaison between Government and the Advisory Committees.
(6)
The meetings of the Board shall be held on such dates
and at such times and places as the Chairman may fix.
(7)
Notice, in writing, of every meeting shall be
dispatched to all members not less than fifteen days before the date fixed for
the meeting except in urgent cases when a meeting may be held at three days’
notice.
(8)
The official members of the Board who attend a meeting
of the Board or perform other duties connected with the Board under the orders
of Chairman, shall receive traveling allowance from Government as is admissible
for other Government duty. The non-official members of the Board shall receive
the same traveling allowance from Government as is admissible to Government
servants of Grade I, as defined in rules 2.13 of the Punjab Traveling Allowance
Rules, when they perform any duty connected with the Board under the orders of
the Chairman.
(9)
The Traveling Allowance bills of all the members shall
be countersigned by the Chairman.
(10)
The term of appointment of the non-official members of
the Board shall be three years, from the 1st of September previous
to nomination.
(11)
Notwithstanding anything contained in sub-rule (10),
Government may by notification remove any non-official member at any time
without assigning any reasons thereto.
* Substituted vide Govt. of the
Punjab Notification No. E & A (AGRI)6-119/2000 dated 27.10.2001.
(12) When the place of a non-official member of the Board
falls vacant by death, removal or resignation, Government shall nominate a new
member to fill the vacancy so occurring subject to the provisions of sub-rule
(3) and such new member shall hold office for the un-expired period of the term
of office of the member in whose place he has been nominated.
4. Procedure of the
Meetings of the Board—(1) The meetings of the Board shall be presided over
by the Chairman and in his absence by the
Vice-Chairman and in the absence of both a member elected for the
purpose by the members present at the meeting.
(2)
*Nine members inclusive of the Chairman shall form a
quorum.
(3)
If at any meeting there is no quorum, the Chairman
shall adjourn the meeting to some other day not earlier than three days from
the date of adjournment. Intimation regarding adjournment and the next date
fixed for the meeting shall be sent to all members immediately. No quorum shall
be necessary for such an adjourned meeting.
(4)
Notices of resolutions or motions or amendments
intended to be moved at a meeting, other than the first meeting, shall be sent
to the Secretary at least nine days before the date fixed for such meeting.
(5)
The Secretary shall dispatch to each member the agenda
of the meeting at least seven days before the date fixed for the meeting.
(6)
No business, other than that contained in the agenda
shall be transacted at a meeting, except with the consent of the Chairman.
(7)
No motion or resolution or amendment shall be discussed
at a meeting unless it is seconded.
(8)
Every question shall be decided by a majority of votes
of the members present; in case of the votes being equally divided, the
Chairman shall have a casting vote.
(9)
The Chairman shall be sole judge of any point of order
and may, if necessary, dissolve the meeting or adjourn it to any other day.
(10)
In any case not provided for by these rules, the
procedure shall be in accordance with the ruling of the Chairman.
* Substituted
vide Govt. of the Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
5. Advisory Committee
–(1) When an Advisory Committee is established for any area, Government shall
by notification, fix the number of its members and shall also appoint the
Chairman and the Secretary thereof by name or designation;
Provided that the
number of the non-official members from amongst the growers on the one hand and
from amongst those connected with cotton ginning, cotton pressing, cotton seed
crushing, cotton spinning and cotton textiles on the other hand shall be equal.
(2) The functions
of an Advisory Committee shall be—
(a)
to consider and recommend ways and means of maintaining
good relations between the cotton growers and the occupiers of the factories.
(b)
to consider and to recommend schemes for the
development of cotton (particularly the use of manures and fertilizers and the
sowing of seeds of the quality, variety or standard prescribed), fixing of
standards of cotton, marketing of cotton, regulation of the supplies of cotton
to the factories and of the prices, etc; and
(c)
to offer advice on any other matter which may be
referred to it by the Board or Government
(3)
The secretary shall convene meetings of the Advisory
Committee on such dates and at such times and places as the Chairman may fix
and shall do so when required by not less than half the total number of the
members of the Advisory Committee.
(4)
The Secretary shall circulate the agenda, keep the
minutes of the meetings, carry on correspondence on behalf of the Advisory Committee
and perform such other functions as may be necessary for proper discharge of
his duties.
(5)
The Secretary shall forward a copy of the proceedings
of all meetings of the Advisory Committee to the Secretary of the Board and the
*District Officer Agriculture (Extension) of the District within ten days of
each meeting.
(6)
The terms of appointment of the members of the Advisory
Committee shall be one year commencing from the 1st September.
* Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001.
(7)
Notwithstanding anything contained in sub-rule(6),
Government may, by notification, remove any member at any time.
(8)
When the place of a member becomes vacant by death,
removal or resignation, Government shall nominate a new member to fill the
vacancy so occurring, subject the provision of sub-rule (1), and such new
member shall hold office for the unexpired term of office of the member in
whose place he has been nominated.
6. Procedure at the
meetings of the Advisory Committee---- (1) The meetings of the Advisory
Committee shall be presided over by the Chairman and in his absence by any
member nominated by the Chairman and, in the absence of any such nomination by
the member elected for the purpose by the members present at the meeting.
(2)
Notices in writing, of meeting shall be circulated to
all members not less than two weeks before the meeting.
(3)
Notices of resolutions or motions or amendments
proposed to be moved at a meting shall be made available to the Secretary at
least seven days before the meeting.
(4)
The agenda shall be circulated at least three days
before the date fixed for the meting and no business other than that contained
in the agenda shall be transacted at that meeting except with the consent of
the Chairman.
(5)
At all meetings of the Committee; one third of the
total number of members, inclusive of the Chairman, shall form a quorum.
(6)
If at any meeting there is no quorum, the Chairman
shall adjourn the meeting to any subsequent date not earlier than three days
from the date of adjournment. Intimation regarding adjournment and the next
date fixed for the meeting shall be sent to the members immediately. No quorum
shall be necessary for such an adjourned meeting.
(7)
No resolution or motion or amendment shall be discussed
at a meeting unless it is seconded.
(8)
A resolution motion or amendment may be withdrawn, with
the permission of the Chairman by the member who has given notice of such
resolution, motion or amendment.
(9)
Every question shall be decided by a majority of the
members present. In the case of votes being equally divided the Chairman shall
have a casting vote.
(10)
The Chairman shall be the sole judge of any point of
order and may, if necessary, call any member to order or dissolve the meeting
or adjourn it to any other day.
(11)
In any case not provided for by these rules, the
procedure shall be in accordance with the ruling of the Chairman.
7. Inspectors--(1)
The following officers shall be ex-officio
Inspectors within the areas mentioned against each:-
(1)
The Secretary to the Government of *Punjab, Agriculture
Department.
(2)
*The Director General of Agriculture (Ext. & AR)
Punjab (Province of *Punjab).
(3)
*The District Coordination Officer.
(4)
*The District Officer Agriculture (Extension).
(5)
*The Deputy District Officer Agriculture (Extension).
(6)
*Agricultural Officer (Extension).
(7)
*Cotton Inspector.
(within
their respective jurisdiction.)
(2) Every
Inspector may within the local limits of his jurisdiction and with such assistance
as he thinks necessary:-
(i)
enter any factory or other place which he has reasons
to believe is used as purchasing centre or for the maintenance of any records,
registers or other documents pertaining thereto;
(ii)
examine weigh bridge or scales or weights used, kept or
possessed for the weighment and purchase of cotton or cotton seeds ;
* Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001.
(iii)
cause carts *or motor vehicles or trolleys carrying
cotton or cotton seed to be weighed or re-weighed in his presence likewise,
causes cotton or cotton seed being carried in motor trucks *or trailers or
trolleys or rail wagons to be weighed or re-weighed in his presence;
(iv)
examine the prescribed registers and check such other
record, registers or documents as are maintained;
(v)
check the relevant weighments, purchases and
payments;
(vi)
call from the occupier, manager or cotton dealer any
information relating to the purchase of cotton or cotton seed;
(vii)
examine the relevant registers of factories about the
payment of wages;
(viii)
examine the crop of cotton growing in the field and the
relevant record pertaining to the seed sown;
(ix)
record the statement of any person or persons whom he may
deem necessary to examine for the proper discharge of his duties; and
(x)
exercise in good faith such other powers as he may deem
necessary for carrying out the purposes of the Ordinance and these rules.
(3) Every Inspector appointed under sub-section (2) of
Section 5 may, on the orders of the Chairman of the Board and not otherwise,
within the local limits of his jurisdiction: -
(i)
enter any factory ;
(ii)
examine any machinery used or kept or possessed for
ginning or pressing of cotton, or for the extraction of oil from cotton seed
;
(iii)
Examine such registers, returns, documents accounts as
are maintained and are in opinion necessary to ex-amine for the purposes of his
enquiry or report ;
* Inserted
vide Govt. of the Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
(iv)
Call from the occupier any information relating to the
machinery or any part thereof; and
(v)
Exercise in good faith such other powers as may be
necessary for the proper discharge of his functions.
(4)
Inspectors appointed under sub-section (2) of Section
5, shall not divulge to a person, other than the Chairman of the Board, the
information obtained and the opinion formed by them as a result of their
enquiry or inspection.
(5)
*The restrictions contained in sub-rules (3) and (4)
shall not apply to the officers of Excise and Taxation Department appointed to
exercise the powers and duties of Inspectors conferred or imposed upon them by
or under the Ordinance.
8. Licence for working
a cotton ginning, cotton pressing or cotton seed oil factory—(1) No cotton ginning, cotton pressing or cotton
seed oil factory shall be worked without a licence in Form “A” and
Identification number granted to the occupier in the manner and subject ot
conditions mentioned there in after.
(2)
Applications for grant of licences shall be made to the
**Deputy District Officer Agriculture (Extension) in Form ‘B’ and the Treasury
Receipt showing the Annual Fee paid under rule 12 together with the membership
certificate of Pakistan Cotton Ginners Association showing the period for which
the said membership certificate is issued, shall be attached to it. The
**Deputy District Officer Agriculture (Extension) shall forward all such
applications to the **District Officer Agriculture (Extension) of the District
who shall issue the licences within thirty days of their receipt, in Form ‘A’.
(3)
*Subject to the provisions of sub-rule (3-C); the
licences granted under sub-rule (2)
shall be deemed to have been renewed for the subsequent year or years which the
factory is intended to be worked if the annual fee required under rule 12 along
with the membership certificate of the Pakistan Cotton Ginners Association is
deposited by its occupier before Ist July and the Treasury Receipt is sent to
the **Deputy
* Added vide Govt. of the Punjab
Notification No. 2114/73/1095/Tax-V dated 05.12.1973.
** Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001.
District Officer Agriculture (Extension) of the Tehsil
concerned by the said date. Fresh working licences under sub rule (2) shall be
required in cases involving change in occupancy of the factory of such
additions or alteration as increase its previous capacity. In such cases
previous working licences shall stand cancelled. The date by which the annual
fee for renewal of licence is to be deposited may be extended up to 31st
August in special cases under the orders of the *Deputy District Officer
Agriculture (Extension) of the Tehsil.
(3-A) The condition of production of membership certificate
referred in sub-rule (2) shall not apply in the case of factories consisting of
four or less roller gins.
(3-B) The fee for membership of
the Pakistan Cotton Ginners
Association shall be as under:-
Rs.
(1)
Roller, Press 150
(2)
Press and Saw Gin 250
(3)
Roller, Press and Saw Gins 400
(3-C) **If it is brought to the notice of the authority
concerned to grant a licence under these rules that any amount has remained
unpaid or has been willfully evaded by a factory such authority may cancel or
suspend his licence for a period as it may deem fit.
(4)
The licences shall be valid subject to the conditions
specified.
(5)
The *Deputy District Officer Agriculture (Extension)
shall during his inspection of the factories within his jurisdiction verify
that the requisite fee to be paid under sub-rule(3) has been duly deposited and
send a certificate to that effect in Form ‘C’ to the *District Officer
Agriculture (Extension) of the District concerned.
(6) When
the Chairman of the Board has ordered a factory to:- (a) engage any specified kind of staff ; or.
* Substituted vide Govt. of the
Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001..
** Added vide
Govt. of the Punjab Notification No. 2114/73/1095/Tax-V dated 05.12.1973
(b)
install seed openers or decortications or delinters or
any other device or machinery connected with the handing of cotton or cotton
seed; or
(c)
re-arrange, modify or alter the layout of the machinery
or its installation or adjustment, the licence grated in respect of the factory
shall be suspended or cancelled by the *District Officer Agriculture
(Extension) of the District in case the above orders are not carried out to his
satisfaction.
(7)
In the event of loss or damage or destruction of a
licence granted under sub-rule (2), duplicate copy of the licence shall be
issued by the *District Officer Agriculture (Extension) on an application made
through the *Deputy District Officer Agriculture (Extension) in Form C/1 and on
payment of the fee into a Government Treasury as provided in rule 12.
(8)
An appeal against the orders of *District Officer
Agriculture (Extension), canceling or suspending the licence granted under
sub-rule (2) shall lie to the *Executive District Officer Agriculture concerned
whose decision shall be final.
9. Licence for the installation of a new or
an extension of the existing cotton ginning factory cotton pressing or cotton
seed oil factory –(1) Applications
for the installation of new ginning, pressing or cotton seed oil factories
(located within the ginning or pressing factories) shall be made to the *Deputy
District Officer Agriculture (Extension) concerned in the Form ‘D’ and ‘F’
respectively, accompanied by Treasury Receipts in respect of fees, as provided
in rule 12.
(2)
Applications for alterations or extensions in the
existing ginning, pressing and seed oil factories involving over all increase
in the sanctioned capacity shall be made to the *Deputy District Officer
Agriculture (Extension) concerned in the
Form ‘E’ and ‘F’ accompanied by treasury Receipt in respect of fee, as
prescribed under rule 12.
(3)
New factories shall be constructed in accordance with
plans previously approved by the Agricultural Engineers of the Agriculture
Department or Registered Civil Engineers.
Provided that nothing in this sub-rule
shall apply to the ginning factories where the number of the roller gins does
not exceed four.
* Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001.
(4)
(i) The *Executive District Officer Agriculture shall
lay down an overall limit of ginning capacity for each District keeping in view
various factors of productions, trading facilities and requirements or textile
mills and the number of factories in that area shall not unless, there are
cogent reason exceed the limit.
(ii) No licence shall be granted
unless:-
(a)
Government is satisfied that the additional cotton or
cotton seeds required are, or are likely to be available from within a
reasonable distance of the factory proposed to be installed or extended ; and
(b)
in the case of an application for the installation of
new or alteration or extension to be installed or on alteration or extension,
as the case may be, is not less than three saw Gins, or twenty Double Roller
Gins or thirty single roller Gins.
Provided that
clause (b) shall not apply in the case of a cotton grower who applied for a
licence for ginning cotton produced from his own land.
(5)
The licence for installation of new factories or
alterations or extensions in the existing factories shall be granted by the
*District Officer Agriculture (Extension) of the District in Form ‘G’ and ‘H’
subject to the conditions laid down in sub-rule (3) and (4).
(6)
In case the number of factories increase beyond the
overall limit of ginning factory in any area, the *Executive District Officer
Agriculture concerned shall impose an embargo on further grant of licences in
that area.
(7)
Applications for shifting of cotton ginning factories
having roller gins upto four, within the same District shall be made to the
*Deputy District Officer Agriculture (Extension). The Deputy District Officer
Agriculture (Extension) after scrutiny shall forward the application, to the
*District Officer Agriculture (Extension) for formal permission.
* Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001.
(8)
The licences for installation for new factory shall be
in Form ‘G’ and lincences for alteration or extension of existing factories
shall be in From ‘H’
(9)
The licences granted under this rule shall be valid for
the period specified therein and may under special or un-avoidable
circumstances be extended upto a total period of two years from the date of the
issue of installation licences, on payment of Rs.50 as additional fee for each
licence for ginning, pressing and seed oil factory.
(10)
Applications for the allotment of Identification mark
in respect of a new factory shall be made to the *District Officer Agriculture
(Extension) through the *Deputy District Officer Agriculture (Extension)
concerned in Form ‘I’ along with an application for working licence before the
factory starts work. Treasury Receipt showing the fee deposited under rule 12
shall be attached to the application by the occupier of the factory.
The *District Officer Agriculture (Extension) shall allot
the Identification mark in Form ‘J’.
For subsequent years, the Identification mark shall remain
the same but the occupier shall deposit the fee prescribed under rule 12 and
send the Treasury Challan to the *Deputy District Officer Agriculture (Extension)
of the District concerned by Ist July which date may be extended upto 31st
of August under the orders of the *Deputy District Officer Agriculture
(Extension).
The *Deputy District
Officer Agriculture (Extension)
shall forward the list of factories to the *District Officer Agriculture
(Extension) after verification. The identification mark shall be deemed to have
been granted after the prescribed fee has been credited into a Government
treasury unless it is intimated to the occupier otherwise for specified
reasons.
(11)
An appeal against the order—
(i) refusing to allow new installation
or proposed alteration or extension in the existing factory.
* Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001.
(ii) Refusing or canceling or suspending the
working licence, identification mark, shifting, etc. passed by the *Executive
District Officer Agriculture shall lie to the Government and by the *District
Officer Agriculture (Extension) to the *Executive District Officer Agriculture.
10.
Change of
occupancy ownership of the factory—Intimation about any change in ownership
or occupancy of a factory shall be sent in writing to the *Deputy District
Officer Agriculture (Extension) of the Tehsil and the *District Officer
Agriculture (Extension) of the District, by both the old and new owners or
occupiers, as the case may be, within thirty days of the date of which the
change takes place.
11.
0omination of
partners, members, etc. for the purpose of section 18— The firm,
association or company shall send intimation in writing to the *Deputy District
Officer Agriculture (Extension) of the Tehsil and the *District Officer
Agriculture (Extension) of the District within seven days of the date of
nomination/appointment of its partners or members, Directors, share holders to
be the occupiers of the factory for the purpose of section 18.
12.
**Fees for
licence, etc. –(1) The fees referred to in rules 8, 9, 22 and 25, shall be
as under:-
|
Rule
|
Type of Licence etc.
|
Fees
|
|
8(a)
|
Licence for working a cotton
ginning, cotton pressing or cotton seed oil factory (before 31st
August).
|
(i)
Rs.100/- per single roller or per saw gin with ten
saws and Rs.150/- per double roller gin.
(ii)
Rs.250/- for seed oil factory, and.
(iii)
Rs.1000/- for cotton pressing factory.
|
* Substituted vide Govt. of the
Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
** Substituted
vide Govt. of the Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
|
(b)
|
Licence for working a
cotton ginning, cotton pressing or cotton seed oil factory (before 31st
August).
|
(i) Rs.10/-
per day in addition to fees prescribed in (a)(i), per single roller or per
saw gin with ten saws, and Rs.15/- per day in addition to the fees prescribed
under (a)(i) per double roller gin.
|
|
|
|
|
(ii) Rs.10/-
|
per day
in
|
|
|
|
addition
to the under (a)(ii)
|
fees prescribed
|
|
|
|
(iii) Rs.10/-
|
per day
in
|
|
|
|
addition
to the under (a)(iii).
|
fees prescribed
|
|
8(7)
|
Duplicate copy
of a
licence.
|
Rs.500/-
|
|
|
9(a)
|
Licence
for installation of a new cotton ginning or pressing factory.
|
Rs.5000/-
|
|
|
(b)
|
Licence
for alteration or extension of an existing cotton ginning or pressing
factory.
|
Rs.2000/-
|
|
|
(c)
|
Allotment
of identification mark to a factory.
|
Rs.200/-
(First Year)
Rs.100/- (subsequent years).
|
|
|
(d)
|
Licence
for installation of a new or alteration or extension of an existing cotton
seed oil factory
|
Rs.5000/-
|
|
|
22
|
Licence
for bringing into a tract or area, cotton (not being ginned cotton converted
into fully pressed bales) or cotton seed.
|
Rs. 2/-
per 40 kg of un-ginned cotton, Rs. 5/- per 40 kg of ginned cotton (not being
ginned cotton converted into fully pressed bales) 50 paisa per 40 kg of
cotton seeds.
|
|
|
25
|
Receipt
of cotton during a cotton year (cotton fee).
|
*paisa
ten per kg **to be paid within the prescribed period
|
|
* Substituted
vide Punjab Finance Ordinance, 2001 dated 30.06.2001. ** Substituted vide Punjab Finance Ordinance, 2002 dated
25.06.2002.
(2)
The fee prescribed under sub-rule (1) shall be paid
into a treasury of the District in which the Factory is situated.
(3)
In the event of a licence applied for being refused,
the amount of the fees deposited under sub-rule (2) at the time of making the
application for the licence shall be refunded.
13. --- (1) No cotton or cotton seed shall be purchased
without actual weighments.
(2)
All transactions in connection with the purchase and
supply of cotton or cotton seed shall be made according to *40 kilograms and it
shall not be lawful to use any other weight in relation to any such
transaction.
(3)
The net weight of cotton or cotton seeds shall be
correctly recorded to the nearest eighth of *40 kilograms.
(4)
No scales or weights shall be used, kept or possessed
for the weighment of cotton or cotton seed by or on behalf of an occupier of a
factory, a Manager of a company or firm or a cotton dealer:- (a) which
do not weigh within an error of two percent, or :
(b)
the scale arms of which are not clearly marked or are
either not visible to the vendor of cotton or cotton seed or his authorized
agent or are not legible to the persons standing near the consignment being
weighed, or
(c)
which have been disapproved by the **Deputy District
Officer Agriculture (Extension) of the Tehsil concerned.
(5)
All weights used, kept or possessed for the weighment
of cotton or cotton seeds shall be made or iron, brass or other metal and
clearly stamped or marked to indicate their denominations.
(6)
That part of the mechanism of a weight-bridge by which
its adjustment is controlled shall be kept, locked and sealed to the
satisfaction of the **Deputy District Officer Agriculture (Extension) of the
Tehsil concerned.
* Substituted vide Govt. of the
Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
** Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001.
(7)
All scales or weights used, kept or possessed for the
weighment of cotton or cotton seed shall be open to inspection, examination or
test by the *Deputy District Officer Agriculture (Extension) of the Tehsil
concerned at all time without notice.
(8)
Carts, **motor vehicles, trolleys, etc. loaded with
cotton or cotton seeds shall not be kept waiting for more than six hours and to
avoid congestion or delay in the weighment of cotton or cotton seed, an
occupier shall provide adequate facilities at the purchasing centers to the
satisfaction of the *Deputy District Officer Agriculture (Extension) of the
Tehsil concerned.
(9)
An occupier shall—
(a)
provide and maintain metalled approaches to and exits
from all weight-bridges in the factory premises to such distances as may in
each case be ordered by the *Deputy District Officer Agriculture (Extension) of
the Tehsil concerned.
(b)
provide reasonable space for parking of carts and
provide sheds and for cattle droughts, as may be laid down by the general or
special order of the *Deputy District Officer Agriculture (Extension) of the
Tehsil.
(c)
not weight or allow weighments of cotton or cotton seed
earlier than half an hour before sunrise or later than half an hour after
sunset.
14. Cotton ginning,
cotton pressing and cotton seed registers—(1) An occupier of a cotton ginning, a cotton pressing or a cotton
seed oil factory shall maintain a register in Forms ‘K’, ‘L’ and ‘M’,
respectively.
(2)
Except in the case of a cotton seed register, separate
pages shall be allotted in the registers referred to in sub-rule (1) to each
variety and to each owner of cotton.
(3)
The registers referred to in sub-rule (1) shall be
preserved for five years after the close of each year.
Example—Register
for the year ending 31st August, 1967 shall be preserved till the
31st of August, 1972, after which date it may be destroyed.
* Substituted vide Govt. of the
Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
** Substituted
vide Govt. of the Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
(4) The registers shall be kept
upto date, that is, upto and including the day prior to inspection.
15. Cotton ginning
cotton pressing and cotton seed returns—(1) The occupier of every cotton
ginning, cotton pressing or cotton seed oil factory shall send to the *Deputy
District Officer Agriculture (Extension) of the Tehsil concerned weekly returns
in forms ‘N’ ‘O’ and ‘P’ respectively.
(2)
The returns referred to in subrule (1) shall be for
each week ending on Friday and shall be posted not later than the following
day.
(3)
The weekly returns prescribed in Forms ‘N’ and ‘G’
shall be published by the Secretary to the Government of Punjab, Agriculture
Department, in the official Gazette in the Forms ‘Q’ and ‘R’ respectively.
16 **The pressing
factory number, the grade, the staple length and the serial number of the bale
shall be stenciled in ink on the hessian on the leashed side of the every bale
pressed in a cotton pressing factory in the following manner:-
(a)
the figures and letters used shall be in English;
(b)
the size of each figure or letter shall be two inches
in height and one inch in width;
(c)
the press number the grade and the staple length shall
be in one line and shall be separated by an asterisk mark and the inscription
so made on the bale underlined in red ink;
provided that bales
containing admixture in exercise of the limits prescribed in sub-rule (2) of
rule 17 shall be marked “MIXED” or “WASTE”, as the case may be:
(d)
the serial number shall be stenciled under the red line
referred to in clause (c), and shall consist of two parts, each part of which
shall precede and end with asterisk mark; the first part shall consist of the
last two integers of the cotton year and the second part shall be the running
number of the bale according to the Pressing Register.
* Substituted vide Govt. of the
Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
** Substituted
ed vide Govt. of the Punjab Notification No. SOA (EXT) 1-70/92-I dated
07.06.2007
Explanation: For
the purpose of this clause, the expression “the last two integers of the cotton
year” mean the last two integers of the calendar year in which cotton year
starts.
Example—A bale of cotton of grade “Super”, having staple length 29
mm, numbered 1930 according to the Pressing Register, pressed in Pressing
Factory number W.P.12 at any time from the 1st August 2007, to 31st July 2008,
shall be marked as under:-
W.P. 12 Super
29 mm 07
1930”
17. Watering,
adulteration and mixing of cotton–(1) *deleted
(2)
The admixture of seed and other cotton plant parts
shall not exceed more than two per cent **and all other foreign matter shall be
zero.
(3)
***When an inspector detects on his inspection of any
factory in his jurisdiction that the provision of sub-rule (2) has been
contravened, he shall forthwith take a property representative sample of the
ginned or un-ginned cotton or cotton seed weighing not less than 1 ½ kg in
presence of the occupier of the factory or his authorized agent. He shall
divide the sample into three portions and effectively seal and suitably mark
the same and permit the occupier of the factory or, as the case may be, his
authorized agent to add his own seal and mark to all or any of the portions so
sealed and marked. He shall forthwith dispatch the first portion to the
laboratory notified by the competent authority, and shall hand over the second
portion to the person from whom he has taken the sample and shall retain the
third portion with himself as case property. The laboratory shall send a copy
of analysis report to the concerned Inspector. If the sample is found mixed,
the Inspector concerned shall take suitable action against the occupier of the
factory under the Ordinance or these rules.
* Deleted vide Govt. of the Punjab
Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
** Inserted vide Govt. of the Punjab Notification No. SOA
(EXT) 1-70/92-I dated 15.11.2002.
*** Substituted ed
vide Govt. of the Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
(4) *The occupier of the factory
may appeal to the competent authority for re-analysis of the disputed sample
within thirty days of the delivery of the report to him. On acceptance of the
appeal, the second portion of the sample retained by the accused shall be
analyzed at the laboratory notified by the competent authority. The re-analysis
report shall be final and no further appeal shall be entertained by the
Government.
18 Regulation of the price of cotton or cotton
seed—An occupier of any person employed by him shall not purchase cotton or
cotton send or pay for it or them price below the minimum price or in excess of
the maximum price, when Government has fixed the minimum or maxim um price or
prices under section 26.
19. Growing of pure seeds of
Cotton –(1) When the growing of all or any variety or varieties of cotton
has been prohibited in a particular tract, under section 21, no grower in that
tract shall sow any cotton seed, except the seed of the prescribed variety
procured from the official or non-official seed agent of the **Punjab Seed
Corporation authorized to sell seed for the tract (who shall issues
certificates in Forms ‘S’ and ‘T’) or home grown seed certified fit by an
official of the Agriculture Department not below the rank of an Agricultural
**Officer.
(2) The certificate referred to in sub-rule(1) shall be
preserved by the grower till the 31st December next following.
20. Pure seed of
cotton—(1) When the **Deputy District Officer Agriculture (Extension) of
the Tehsil, has by order in writing reserved any cotton growing in a field for
the procuring of pure seed for sowing purposes the grower shall—
(a)
rogue out the crop, if necessary , as ordered by the
**Deputy District Officer Agriculture (Extension) concerned ;
(b)
pick cotton or cause it to be picked as arranged with
the **Deputy District Officer Agriculture (Extension) and
(c)
store cotton so picked as directed by the **Deputy
District Officer Agriculture (Extension) concerned.
* Added vide Govt. of the Punjab
Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
** Substituted vide Govt. of the Punjab
Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
(2)
Likewise when the *Deputy District Officer Agriculture
(Extension) of the Tehsil concerned has by order in writing reserved any cotton
Kapas stored or lying any where, the owner shall gin it or cause it to be
ginned under the supervision of the *Deputy District Officer Agriculture
(Extension) of the Tehsil concerned.
(3)
permission to gin cotton reserved under sub-rule (1) or
sub-rule (2) shall be granted by the *Deputy District Officer Agriculture
(Extension) of the Tehsil concerned on the following conditions—
a) the
cost of ginning shall be paid by the owner of the cotton ;
b) before
the ginning of the reserved cotton starts the factory shall be cleaned to the
satisfaction of the *Deputy District Officer Agriculture (Extension) of the
Tehsil deputed for the purpose who shall certify it as fit and clean for
ginning;
c) the
cotton seed obtained from ginning of the reserved cotton shall be kept and
stored separately from all the other cotton seed ; and
d)
the seed so obtained shall be sold to the *Punjab Seed
Corporation at a price and premium specified in the order of the *Deputy
District Officer Agriculture (Extension) of the Tehsil.
21.
Equivalent of
gins—For the purpose of Explanation to section 15, equivalent of single
roller gins shall be as under:-
(a)
one Double roller gin equals one and one of the half 1
½ ) single roller gin; and
(b)
ten saws of one saw gins equals one single roller gin.
22.
Transport of
cotton or cotton seed in or out of the prescribed zones—(1) No cotton being
ginned cotton converted into fully pressed bales) or cotton seed other than
that of the variety or varieties prescribed for the tract shall be brought into
that tract without a licence likewise cotton (not being ginned cotton concerted
into fully pressed bales) or cotton seed of a variety or varieties shall not be
sent to a tract where its cultivation is forbidden without licence.
(2) Applications for the grant of a licence referred to in sub rule
(1) shall be made to the *Deputy District
Officer Agriculture
(Extension)
* Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001.
concerned in Form ‘U’ and each such application shall be
accompanied by a Treasury Receipt to show that the fee at the rates of 19 paisa
and 50 paisa per maund of un-ginned and ginning (not being ginned cotton
converted into fully pressed bales) cotton, respectively and 6 paisa per maund
of cotton seeds have been credited in a Treasury.
(3)
Licences may be granted or refused by the *Deputy
District Officer
Agriculture
(Extension) of the Tehsil concerned; provided that in the event of a refusal: -
(a)
the aggrieved party shall have right of first appeal to
the *District Officer Agriculture (Extension) of the District and of second and
final appeal to the *Executive District Officer Agriculture concerned; and.
(b)
the fees deposited under sub-rule (2) shall be
refunded.
(4)
The Licences referred to in sub-rule (3) shall be
granted in Form ‘V’
23. Payments—(1) Payment of the price of cotton or cotton
seeds shall be made within twenty four hours of the demand.
2)
Payment for cotton or cotton seed shall be made on the
recorded weight and price shall be calculated to the nearest paisa.
3)
The occupier of the factory or the manger of firm or any
one else purchasing cotton or cotton seed shall be liable for all payments due
for cotton or cotton seed supplied or purchased by him or on his behalf.
4)
The occupier of the factory or the manger of a firm or
any one else purchasing cotton or cotton seed shall not make any deductions
except as provided in sub rule(5).
5)
Such deduction as Government may by notification
direct, may be marked from the price of cotton or cotton seeds purchase:-
(a)
in which cotton is below the average standard for the
area on account of natural causes, e.g. intensive attack of insect pest,
disease etc., or
(b)
in which a specified inferior variety of cotton is
ordinarily or preponderatingly grown, or
* Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001.
(c) in
which owing to inaccessibility or other cause, the circumstances are such that
the deduction from the price is in the interest of the grower of the industry
or both.
Provided that the deduction so make shall be utilized for each
purpose and in such manner as may be directed by the Chairman of the Board.
24.
0otices—The
occupier of every factory shall cause to be put up
at the factory:--
(a)
an abstract of these rules ; and
(b)
notices in Form ‘W’ printed or painted in bold letter
in English and in Urdu showing the allotted factory number and the minimum
and/or the maximum prices fixed (if any) of cotton or cotton seeds and the
prices at which cotton and/or cotton seeds are being purchased at each entrance
to the factory and at such other places at which the *Deputy District Officer
Agriculture (Extension) of the Tehsil may direct.
25.
**Fees for
development of Agriculture relating to cotton crop etc— (1) For the
purposes of development and improvement of agriculture relating to cotton crop
and for meeting the expenses on the administration of the Ordinance, every
owner of a factory shall pay on the cotton received by him a fee at the rate
specified in rule 12. In case the occupier is different from the owner, the
latter shall be liable to pay the fee on the cotton received by the occupier
into the factory; provided that the fee shall not be recovered more than once
in respect of the same cotton.
(2) The occupier of every factory shall keep a true and daily amount
of cotton received by him in Form X in bound and machine paged registers which
shall be produced before the Excise and Taxation Officer of the district
concerned or an officer authorized by him in that behalf on demand and shall be
preserved for a period of five years from the close of cotton year to which it
relates.
* Substituted vide Govt. of the
Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
** Substituted
vide Govt. of the Punjab Notification No. 2114/73/1095/Tax-V dated 05.12.1973.
(3)
The fee shall be deposited into the treasury within
seven days of close of the calendar month to which it relates. If not so paid
or not paid in full the owner shall pay the fee under sub rule (1) due from him
within ten days of the receipt of a notice from the Excise and Taxation Officer
concerned demanding the payment of the unpaid fee.
(4)
The occupier of every factory shall, within one week of
the close of each calendar month furnish to the Excise and Taxation officer a
return of total quantity of cotton received by him and the fee payable thereon
in Form “Y” along with a treasury receipt or cheque of a scheduled bank
evidencing the payment of the fee at the prescribed rate.
(5)
On receipt of the return prescribed in sub-rule (4) the
Excise and Taxation Officer concerned shall verify the correctness of return.
In case the return is found to be incorrect or incomplete or not filed the
Excise and Taxation Officer shall, after affording occupier an opportunity of
being heard, proceed to determine by an order in writing stating briefly the
reasons therefore, the amount of the fee payable.
(6)
If any amount of the fee or a part thereof is not paid
within time prescribed in sub-rule (3), the Excise and Taxation officer may, if
after hearing the defaulter be satisfied that the failure to pay the fee within
the prescribed period was without sufficient cause, order that the fee shall be
paid at a rate not exceeding Rs. 4/- per maund.
(7)
(a) The arrears of the fee imposed under this rule if
not paid within prescribed period, shall be recoverable as arrears of land
revenue
(b) For the purpose of recovery
of the fee, the Excise and Taxation Officer shall have the powers of Assistant
Collector Grade-I and the Director, Excise and Taxation shall have be powers of
the Collector under the Punjab Land Revenue Act, 1967.
*25-A. For the
purpose of collection of the fee imposed under rule 25, Excise and Taxation
Officer shall maintain a register containing as far as practicable the
following particulars:-
(i)
name and address of the factory.
(ii)
name and address of the owner.
(iii)
name and address of the occupier if different from the
owner;
(iv)
number and date of return submitted.
* Added vide
Govt. of the Punjab Notification No. 2114/73/1095/Tax-V dated 05.12.1973.
(v)
quantity of cotton received during the calendar month;
(vi)
the amount of fee payable;
(vii)
the amount of penalty imposed, if any.
(viii)
number and date of treasury receipt showing the payment
of cotton fee; and
(ix)
balance, if any
*25-B (1) Any person aggrieved by an order of an Excise and
Taxation Officer made under rule 25 may prefer an appeal against such Order to
the Director Excise and Taxation within thirty days of the communication to him
of the said order. The Director Excise and Taxation shall decide the appeal
after hearing the appellant and the representative of the Government.
(2)
An appeal under sub-rule (1) shall be preferred by
means of a memorandum which shall be stamped as laid down in article 11(a) of
Schedule-II to the Court Fees Act, 1870 (Act VII on 1870) and shall be
accompanied by a certified copy of the order appealed against.
(3)
The authority making an order under these rules may
review its order to correct any clerical or arithmetical errors or any mistake
apparent on the face of the record.
(4)
Director General Excise & Taxation Punjab or any
other officer appointed by the Government in this behalf may, suo-moto, or on
an application made to him in this behalf within a period of one year from the
date of taking of any proceedings or passing of an order by the Excise and
Taxation Officer or the Director, Excise and Taxation, call for the record of
proceedings or the order for the purposes of satisfying himself as to legality
or propriety of the same and may make such orders as he may deem fit.
26. No prosecution under the Ordinance, shall be instituted
except by or with the previous sanction in writing of the **Deputy District
Officer Agriculture (Extension) of the Tehsil or the District Officer
Agriculture (Extension) of the District or the Executive District Officer
Agriculture of the District, in which the prosecution is to be instituted.
SECRETARY TO THE GOVERNMENT OF PUNJAB AGRICULTURE DEPARTMENT.
* Added vide Govt. of the Punjab
Notification No. 2114/73/1095/Tax-V dated 05.12.1973.
** Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001.
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