THE PUNJAB COTTON CONTROL RULES, 1966
( XX OF 1966)
[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:-
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.
Definitions:- 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 [1]a
District Officer Agriculture (Extension);
(f)
“Form” means a form appended to these rules;
(ff) “Grade” means a grade as defined in the
Cotton Standardization Ordinance, 2002 ( XIV 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;
(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 [4]ex-officio members of the Board:(a) Secretary to the Government of 4Punjab, Agriculture
Department.
(b)
Managing Director Punjab Seed Corporation.
(c)
Director General of Agriculture (Ext. & AR),
Punjab.
(d)
Additional Secretary Agriculture (Task Force).
(e)
Director Industries and Mineral Development Punjab.
(f)
Registrar Co-operative Societies Punjab.
(g)
Director General (Excise & Taxation) Punjab.
(3)
5Twelve
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.
(4)
The Secretary to the Government of the [5]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.
(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.
(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.
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 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
[7]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.
(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 meeting 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 meeting 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/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 [8]officers
shall be ex-officio Inspectors within
the areas mentioned against each:-
(a)
The Secretary to the Government of Punjab, Agriculture
Department.
(b)
The Director General of Agriculture (Ext. & AR)
Punjab
(
Province of Punjab ).
(c)
The District Coordination Officer.
(d)
The District Officer Agriculture (Extension).
(e)
The Deputy District Officer Agriculture (Extension).
(f)
Agricultural Officer (Extension).
(g)
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;
(iii)
cause carts [9]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 examine for the
purpose of his enquiry or report;
(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)
[10]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 to
conditions mentioned therein after.
(2)
Applications for grant of licences shall be made to the
[11]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)
[12][13]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 12Deputy 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 license 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)
[14]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 [15]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.
(b)
install seed openers or decortications or delinters or
any other device or machinery connected with the handling of cotton or cotton
seed; or
(c)
re-arrange, modify or alter the layout of the machinery
or its installation or adjustment, the licence granted 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 [16]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 alteration or extension in the
existing ginning, pressing and seed oil factories involving overall 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.
(4)
(i) The [17]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 reasons 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.
(8)
The licences for installation of 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 [18]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 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.
(ii)
Refusing or cancelling or suspending the working
licence, identification mark, shifting, etc. passed by the [19]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.
Nomination
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.
[20]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((ba))
Licence Licence for working a (i) Rs.10/- per day in addition toRs.100/- per
single roller cottoncotton ginning,
cotton or per saw gin with ten saws andfee prescribed in (a)(i), per pressing or cotton seedpressing Rs.150/- per double roller gin.single roller
or per saw gin oil factory (before 31stoil (ii) with ten saws, and
Rs.15/-Rs.250/- for seed oil
August).August). factory, and.per day in addition to the
(iii) fees prescribed under (a)(i)Rs.1000/- for
cotton pressing factory.per double
roller gin.
(ii)
Rs.10/- per day in addition to the fees prescribed
under
(
a)(ii )
(iii)
Rs.10/- per day in addition to the fees prescribed
under
(
a)(iii ).
8(7) Duplicate
copy of a Rs.500/-
licence.
9(a) Licence for
installation Rs.5000/of a new cotton ginning or pressing factory.
(b)
Licence for alteration or Rs.2000/extension of an
existing cotton ginning or pressing factory.
(c)
Allotment of Rs.200/- (First Year)
identification mark to a Rs.100/- (subsequent
years). factory.
(d)
Licence for installation Rs.5000/of a new or alteration
or extension of an existing cotton seed oil factory
22 Licence for bringing Rs. 2/-
per 40 kg of un-ginned into a tract or area, cotton, Rs. 5/- per 40 kg of
cotton (not being ginned cotton (not being ginned ginned cotton cotton
converted into fully converted into fully pressed bales) 50 paisa per 40
pressed bales) or kg of cotton seeds. cotton seed.
25 Receipt of cotton [21]paisa
ten per kg [22]to
be paid during a cotton year within the prescribed period ( cotton fee ).
(2)
The fee prescribed under sub-rule (1) shall be paid
into 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.
Scales and
weights:- (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 [23]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 2240
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 23Deputy 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 of iron, brass or other metal and
clearly stamped or marked to indicate their denominations.
2
23
(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 23Deputy
District Officer Agriculture ( Extension) of the Tehsil concerned.
(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, 24motor 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 weightbridges 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.
(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 25Deputy District Officer Agriculture
(Extension) of the Tehsil concerned weekly returns in forms ‘N’ ‘O’ and ‘P’
respectively.
(2)
The returns referred to in sub-rule (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.
Marking of
Bales:- 26The 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;
23 Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001. 24 Substituted vide Govt. of the Punjab Notification No.
SOA (EXT) 1-70/92-I dated 15.11.2002.
25 Substituted
vide Govt. of the Punjab Notification No. E & A (AGRI) 6-119/2000 dated
27.10.2001. 26 Substituted vide Govt. of the Punjab Notification No.
SOA (EXT) 1-70/92-I dated 07.06.2007
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.
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 ”
(2)
The admixture of seed and other cotton plant parts
shall not exceed more than two per cent [25]and
all other foreign matter shall be zero.
(3)
[26]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 1½ 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.
(4)
[27]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 or any person employed by him shall not purchase cotton or
cotton seed or pay for it or their price below the minimum price or in excess
of the maximum price, when Government has fixed the minimum or maximum 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 issue
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 [28]Officer.
(2)
The certificate referred 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 [29][30]Deputy
District Officer Agriculture (Extension) concerned ;
(b)
pick cotton or cause it to be picked as arranged with
the [31][32][33]Deputy
District Officer Agriculture (Extension) and
(c)
store cotton so picked as directed by the 31Deputy District
Officer Agriculture ( Extension) concerned.
(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)
cotton seed obtained from ginning of the reserved
cotton shall be kept and stored separately from all the other cotton seed ; and
(d)
seed so obtained shall be sold to the [34]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 converted 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) 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.
( 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 33District
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’
3
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)
Occupier of the factory or the manager 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 manager 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
(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 or the industry or both.
Provided that
the deduction so made shall be utilized for such purpose and in such manner as
may be directed by the Chairman of the Board.
24.
Notices:- 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 [36]Deputy
District Officer Agriculture ( Extension) of the Tehsil may direct.
25.
[37]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.
(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 valid the
Excise and Taxation Officer shall, after offering 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 subrule (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 the powers of the Collector under the Punjab Land Revenue Act, 1967.
[38]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.
(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
[39]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 [40]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.
[1] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI)6-119/2000 dated 27.10.2001.
[2] Omitted vide Govt. of the
Punjab Notification No. E & A (AGRI)6-119/2000 dated 27.10.2001.
[4] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI)6-119/2000 dated 27.10.2001. 4 Inserted
vide Govt. of the Punjab Notification No. SOA (EXT) 1-70/92-I dated 07.06.2007 5 Substituted
vide Govt. of the Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
[5] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
[6] Substituted vide Govt. of
the Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
[7] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
[8] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
[9] Inserted vide Govt. of the
Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
[10]
Added vide Govt. of the Punjab Notification No. 2114/73/1095/Tax-V dated
05.12.1973.
[11] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
[14]
Substituted vide Govt. of the Punjab Notification No. E&A (AGRI) 6-119/2000
dated 27.10.2001.
[15] Substituted vide Govt. of
the Punjab Notification No. E&A (AGRI) 6-119/2000 dated 27.10.2001.
[16]
Substituted vide Govt. of the Punjab Notification No. E&A (AGRI) 6-119/2000
dated 27.10.2001.
[17] Substituted vide Govt. of
the Punjab Notification No. E&A (AGRI) 6-119/2000 dated 27.10.2001.
[18] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
[19]
Substituted vide Govt. of the Punjab Notification No. E & A (AGRI)
6-119/2000 dated 27.10.2001.
[20] Substituted vide Govt. of
the Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
[21] Substituted vide Punjab
Finance Ordinance, 2001 dated 30.06.2001.
[22]
Substituted vide Punjab Finance Ordinance, 2002 dated 25.06.2002
[23] Substituted vide Govt. of
the Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
[24] Deleted vide Govt. of the
Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
[25]
Inserted vide Govt. of the Punjab Notification No. SOA (EXT) 1-70/92-I dated
15.11.2002.
[26] Substituted vide Govt. of
the Punjab Notification No. SOA (EXT) 1-70/92-I dated 15.11.2002.
[27]
Added vide Govt. of the Punjab Notification No. SOA (EXT) 1-70/92-I dated
15.11.2002.
[28] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
[34] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
[35] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001. 3
[36]
Substituted vide Govt. of the Punjab Notification No. E & A (AGRI)
6-119/2000 dated 27.10.2001.
[37] Substituted vide Govt. of
the Punjab Notification No. 2114/73/1095/Tax-V dated 05.12.1973.
[38] Added vide Govt. of the
Punjab Notification No. 2114/73/1095/Tax-V dated 05.12.1973.
[39]
Added vide Govt. of the Punjab Notification No. 2114/73/1095/Tax-V dated
05.12.1973.
[40] Substituted vide Govt. of
the Punjab Notification No. E & A (AGRI) 6-119/2000 dated 27.10.2001.
No comments:
Post a Comment