The Gujarat Cotton Control Act, 1963

Short title, extent and commencement. —

1. (1) This Act may be called the Gujarat Cotton Control Act, 1963.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. — In this Act, unless the context otherwise requires,—

1. (a) "Controlled Area" means an area declared to be a controlled area under section 3;
2. (b) "Cotton" includes the seed of cotton, cotton ginned and unginned, cotton yarn and cotton waste;
3. (c) "Prohibited variety of cotton" means a variety of cotton the cultivation of which is prohibited under section 3;
4. (d) "Standard cotton" means a variety of cotton specified as standard cotton under section 3.

Power to declare controlled areas.

1. (1) The State Government may, by notification in the Official Gazette, declare any area in which the cultivation of any variety of cotton is, in its opinion, undesirable, to be a controlled area for the purposes of this Act.
2. (2) The notification under sub-section
3. (1) shall specify the variety of cotton or varieties of cotton, the cultivation of which is prohibited in the controlled area, and such variety or varieties are referred to in this Act as "prohibited variety of cotton".

Power to prohibit cultivation of prohibited variety of cotton.

1. (1) In a controlled area, no person shall cultivate any prohibited variety of cotton.
2. (2) No person shall, whether in a controlled area or outside it, knowingly sell or offer for sale or have in his possession for sale, any prohibited variety of cotton grown in a controlled area.
3. (3) No person shall knowingly mix or cause to be mixed any prohibited variety of cotton with any other variety of cotton.

Power to prohibit or restrict possession, use or movement of prohibited variety of cotton.

1. (1) The State Government may, by notification in the Official Gazette, in respect of any controlled area,—
   • (a) prohibit the possession, use, or movement of any prohibited variety of cotton;
   • (b) prescribe the conditions under which any prohibited variety of cotton may be possessed, used or moved:

Power to prohibit or restrict possession, etc., of standard cotton Power to prohibit or restrict possession, etc., of standard cotton.

1. (1) The State Government may, by notification in the Official Gazette, in respect of any controlled area,—
   • (a) prohibit the possession, use or movement of any cotton other than standard cotton;
   • (b) prescribe the conditions under which the possession, use or movement of any cotton other than standard cotton may be permitted.

Power of Government to distribute seeds.

1. (1) The State Government, or such officer or person as may be authorised by it in this behalf, may by general or special order, control and regulate the distribution, purchase, sale and use of cotton seeds of any standard cotton in any controlled area.
2. (2) Every person to whom any cotton seed is distributed or who purchases or uses any cotton seed under sub-section
3. (1) shall comply with all the conditions and restrictions to which such distribution, purchase, sale or use is subject.

Power of entry and inspection.

1. (1) Any officer authorised by the State Government in this behalf may, with a view to securing compliance with the provisions of this Act or the rules made thereunder or with any order made under this Act—
   • (a) enter and search any place, premises, vessel, vehicle or animal where he has reason to believe that any cotton, in respect of which a contravention of the provisions of this Act or of any rule or order made thereunder has been or is being or is about to be committed, is kept or carried;
   • (b) require the owner, occupier or other person in charge of any place, premises, vessel, vehicle or animal to produce for his inspection any cotton or any books, accounts or other documents relating thereto;
   • (c) seize any cotton in respect of which he has reason to believe that a contravention of this Act or of any rule or order made thereunder has been or is being or is about to be committed.
2. (2) The provisions of the Code of Criminal Procedure, 1898, relating to searches and seizures shall, as far as may be, apply to searches and seizures made under this section.

Power to seize and destroy cotton and cotton seed.—

1. (1) If any cotton or cotton seed is found in any controlled area, which is in contravention of the provisions of this Act or of any rule or order made thereunder, such cotton or cotton seed shall be forfeited to the State Government.
2. (2) Any officer authorised by the State Government in this behalf may seize any such cotton or cotton seed and may destroy the same in such manner as may be prescribed: Provided that before destroying any cotton or cotton seed, the officer shall give to the person from whose possession it was seized or to the owner thereof, a reasonable opportunity to show cause why the cotton or cotton seed should not be destroyed.

Duty of certain officers to report offence.— Every officer of the Revenue, Agriculture or Police Department and every officer of a local authority shall be bound—

1. (a) to give immediate information to the nearest officer of the Agriculture Department having jurisdiction in the area, of the commission of any offence or the intention or preparation to commit any offence punishable under this Act, which may come to his knowledge;
2. (b) to take all reasonable measures in his power to prevent the commission of any such offence which he may know or have reason to believe is about to be or is likely to be committed; and
3. (c) to assist any officer of the State Government in carrying out the provisions of this Act.

Power of entry into land or premises

1. (1) Any officer authorized by the State Government in this behalf may enter upon any land or premises in any controlled area for the purpose of—
   • (a) inspecting any cotton the cultivation or possession of which is prohibited or restricted under this Act;
   • (b) removing or destroying or causing to be removed or destroyed, any cotton which he has reason to believe is a prohibited variety of cotton or is being cultivated or possessed in contravention of the provisions of this Act or any order made thereunder;
   • (c) exercising any of the powers conferred by or under this Act: Provided that no such entry shall be made without giving the occupier of the land or premises at least twenty-four hours' notice in writing.
2. (2) Every officer acting under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

Punishment for contravention of provisions of Act or orders, etc

1. (1) Any person who—
   • (a) cultivates any prohibited variety of cotton in a controlled area;
   • (b) mixes or causes to be mixed any prohibited variety of cotton with any standard cotton or any other variety of cotton;
   • (c) possesses, sells or keeps for sale any prohibited variety of cotton;
   • (d) contravenes any of the provisions of this Act or of any rule or order made thereunder, or obstructs any officer in the exercise of his powers under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both.
2. (2) When any person is convicted of an offence under this Act, the court may direct that the cotton in respect of which the offence has been committed shall be forfeited to the State Government.
3. (3) No court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act.

Composition of offences.

1. (1) The Director of Agriculture, Gujarat State, or any other officer authorized by the State Government in this behalf, may accept from any person against whom a reasonable suspicion exists that he has committed an offence punishable under this Act, a sum of money by way of composition for the offence which such person is suspected to have committed.
2. (2) On the payment of such sum of money to the Director or such officer, the suspected person if in custody, shall be discharged, and no further proceedings shall be taken against him in respect of the offence so compounded.

Cognizance of offences. No Court shall take cognizance of any offence punishable under this Act, except upon complaint made by the Director of Agriculture, Gujarat State, or any officer authorized by the State Government in this behalf.

Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or person for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.

Delegation of powers. The State Government may, by notification in the Official Gazette, direct that all or any of the powers conferred on it by or under this Act shall be exercisable also by such officer or authority subordinate to it as may be specified in the notification.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the following matters, namely:—
   • (a) the procedure to be followed by the Director of Agriculture in exercising the powers under this Act;
   • (b) the form of notice to be given under sub-section
3. (1) of section 7 and the manner of its service;
   • (c) the form of notice to be given under sub-section
4. (1) of section 8;
   • (d) the manner in which the cotton may be seized under section 11;
   • (e) the form of application to be made under section 13 and the fee to be paid along with such application;
   • (f) any other matter which is to be, or may be, prescribed.
5. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

Repeal and saving.

1. (1) On the commencement of this Act, the following laws shall be repealed, namely:—
   • (a) the Bombay Cotton Control Act, 1942, as in force in the Bombay area of the State of Gujarat;
   • (b) the Saurashtra Cotton Control Act, 1955.
2. (2) Notwithstanding the repeal of the Acts mentioned in sub-section (1), any appointment, notification, order, rule, form, notice or license made, issued or granted under the repealed Acts shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or granted under this Act and shall continue in force until it is superseded or modified by any appointment, notification, order, rule, form, notice or license made, issued or granted under this Act.