( XX of
1966)
[11th
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[ Punjab] Cotton Control Ordinance, 1966.
(2)
It extends to the whole of the Province of 4[the Punjab], except the Tribal Areas.
(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 [2][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[(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 [3][1st August]
to [4][31st July] of
the following year;
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 [6][“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;
[8][(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 [9][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;
[10][(rr) “owner” means a person who owns a
factory and includes an allottee thereof;]
(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 [11][ 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 [12][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, [13][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.
[14][(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.– [15][(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[(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.]
[16][(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.]
[17][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.
[18][(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 [19][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 [20][not less
than fifteen thousand rupees], and if he has previously been convicted of any
offence under this sub-section, [21][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 [22][ 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 [23][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 [24][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.
[25][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 [26][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 [27][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 [28][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 [29][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 [30][Punjab
Weights and Measures (International System) Enforcement Act, 1975 (LII of
1975)].
[31][(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 [32][
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, [33][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 subsection (3); [34][
* * * ]
(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 [35][ ; and ]
[36][(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 [37][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 [38][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 subsection (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 [39][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, [40][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.]
[41][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 [42][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 shareholder, 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 shareholder.
[43][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, [44][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 [45][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.
[46][(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 [47][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[(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
[48][ ,
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 [49][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 [50][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), [51][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, conferre d, made,
imposed, realised or issued under this Ordinance.
[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 2Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”. 3Ibid. 4Ibid.
[2]
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. 6Added
ibid.
[3]
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.
[5]
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.
[6]
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.
[7]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “Government of West Pakistan”.
[8]
Added by the West Pakistan Cotton Control (Punjab Amendment) Ordinance, 1972 (V
of 1972).
[9]
Inserted by the West Pakistan Cotton Control (Punjab Amendment) Ordinance, 1972
(V of 1972).
[10]
Added ibid.
[11]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “West Pakistan”.
[12]
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.
[13]
Substituted by the West Pakistan Cotton Control (Punjab Amendment) Ordinance,
1972 (V of 1972), for “appoint any other officer under its control”.
[14]
Added by the West Pakistan Cotton Control (Punjab Amendment) Ordinance, 1972 (V
of 1972).
[15]
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. 20Ibid.
[16]
Added by the West Pakistan Cotton Control (Punjab Amendment) Ordinance, 1972 (V
of 1972).
[17]
Added by the Punjab Cotton Control (Amendment) Ordinance, 1985 (VII of 1985).
[18]
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.
[19]
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.
[20]
Ibid., for the words “which may
extend to five hundred rupees”.
[21]
Ibid., for the words “the fine may
extend to one thousand rupees”.
[22]
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.
[23]
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.
[24]
Ibid.
[25]
Added by the West Pakistan Cotton Control (Punjab Amendment) Ordinance, 1972 (V
of 1972), for “fifty”.
[26]
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.
[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]
Inserted ibid.
[29]
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”.
[30]
Ibid., for the words “Punjab Weights
and Measures Ordinance, 1965 (XXXIII of 1965)”.
[31]
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.
[32]
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”.
[33]
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.
[34]
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.
[35]
Substituted ibid., for colon.
[36]
Added ibid.
[37]
Inserted ibid.
[38]
Substituted ibid., for the words
“three months, or with fine which may extend to five thousand rupees, or with
both”.
[39]
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.
[41]
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.
[42]
Substituted ibid., for the figure
“10”.
[43]
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.
[44]
Ibid., for the word “may”.
[45]
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.
[46]
Added ibid.
[47]
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. 54Substituted
ibid.
[48]
Inserted ibid.
[49]
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.
[50]
Substituted by the West Pakistan Cotton Control (Punjab Amendment) Ordinance,
1972 (V of 1972), for “occupiers”.
[51]
Substituted by the West Pakistan Cotton Control (Amendment) Act, 1967 (I of
1967), for “The Bahawalpur Cotton Control Act, 1949 ”.
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